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MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. QJL
HELD IN DALLAS, TEXAS
January 31, 1974
INDEX
Minutes of the Meeting
Stephen F. Austin State University-
Board of Regents
held in Dallas, Texas
January 31, 1974
VOLUME NO. 22
Page
74-20 Approval of Minutes of October 13, 1973 22-2
74-21 Election of University President for 1974-75 22-2
74-22 Appointment of Regent Wright to Executive Committee 22-2
74-23 Adoption of Resolution in Memory of Regent Bergman 22-2
74-24 Faculty and Staff Appointments 22-4
74-25 Acceptance of Resignations 22-5
74-26 Approval of Changes in Status 22-6
74-27 Acceptance of Retirement 22-7
74-28 Approval of Curriculum Items 22-7
74-29 Permission to Petition Coordinating Board for School of
Applied Studies and Bachelor of Applied Studies 22-15
74-30 Approval of Bond Resolution- University Improvement
Revenue Bonds Series 1974 - $500,000 22-15
74-31 Approval of Bond Resolution- University State Ad Valorem
Tax Bonds Series 1974 - $695,000 22-34
74-32 Authorization for University to Use Proceeds of Bonds 22-59
74-33 Arch. Contract - Conversion of Dorm 19 22-59
74-34 Arch. Contract - Conversion of Raguet Street to a Walkway 22-80
74-35 Arch. Contract - Kindergarten Facility 22-100
74-36 Arch. Contract - Renovation of Rusk Building 22-120
74-37 Contract - Conversion of Dorm 19 into Apartments 22-140
74-38 Contract - Furniture for Dorm 19 Apartments 22-166
74-39 Contract - Construction of an Observatory 22-184
74-40 Contract - Dome and Support Cylinders for Observatory 22-204
74-41 Change Order #9 - Loggins - To add $1,201 to Stadium Project 22-217
74-42 Authorization for University Officials to Consult with the
Attorney General's Office on Responsibility of Stadium
Architects 22-217
74-43 Change Order #3 - Allen M. Campbell - To add $3,760.33 to
Library 22-217
74-44 Authorization to Issue Purchase Orders for Furniture for
Business and Education Bldgs., HPE, and Coliseum 22-217
74-45 Contract - J. E. Kingham - Concrete Work at Stadium Site 22-217
74-46 Contract - Honeywell, Inc. - Renovate Mechanical Controls in
the University Center 22-228
74-47 Approval of Room and Board Rates for 1974-75 22-233
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN DALLAS, TEXAS
January 31, 1974
The meeting was called to order by R. E. McGee, Chairman of the
Board of Regents, at 11:00 a.m. January 31, 1974.
PRESENT:
Members: R. E. McGee of Houston
Walter Todd of Dallas
Ernest Powers of Carthage
James I. Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Peggy Wedgeworth Wright of Nacogdoches
ABSENT: Joe Bob Golden of Jasper
Robert C. Gray of Austin
Glenn Justice of Dallas
PRESENT: C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
74-20
Upon motion of Regent Todd, seconded by Regent Cullum, with all
Regents voting aye, it was ordered that the Minutes of the meeting
of October 13, 1973, be approved.
74-21
Upon motion of Regent Perkins, seconded by Regent Todd, with all
Regents voting aye, it was ordered that R. W. Steen be elected
President of the University for the period of September 1, 1974,
to August 31, 1975.
74-22
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the Chairman be authorized
to appoint Regent Wright as Executive Committee Chairperson to re
place Regent Bergman.
74-23
Upon motion of Regent Todd, seconded by Regent Powers, with all
Regents voting aye, it was ordered that the proposed resolution
in memory of Regent Bergman be adopted, as follows:
22-2
RESOLUTION OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
ADOPTED JANUARY 31 1974
DOUGLAS E. BERGMAN: IN MEMORIAM
WHEREAS, in 1969, the Honorable Douglas E. Bergman, of Dallas, was
appointed by Governor Preston Smith of Texas to the original Board of Regents of Stephen
F. Austin State University;
WHEREAS, Mr. Bergman served with such distinction during his first term that,
in 1971, he was reappointed to a six-year term on the Board;
WHEREAS, as a member of the Board and as a partner in a distinguished
Dallas law firm, Mr Bergman made outstanding contributions not only to higher education,
but also to many other aspects of life in Texas and the nation, including service from 1941-42
as Assistant Attorney General of Texas, from 1947-48 as First Assistant District Attorney of
Dallas County, and from 1949-57 as a member of the Texas House of Representatives;
AND WHEREAS, on November 30, 1973, Mr. Bergman died unexpectedly;
NOW, THEREFORE, BE IT RESOLVED by the Board of Regents of Stephen
F. Austin State University assembled this 31st day of January, 1974, that the Board, as
well as the administration, faculty, and student body of the University, express to his family
the esteem held by all for Mr. Bergman and the deep sense of loss felt by all in his untimely
death;
AND BE IT FURTHER RESOLVED that a copy of this memorial resolution
by spread upon the minutes of the Board and that a copy be sent to the Bergman family.
Chairman of the Board Secretary to the Board
22-3
74 -J4
Upon motion of Regent Perkins, seconded by Regent Cullum, with all
Regents voting aye, it was ordered that the following individuals
be employed for the positions, dates and salaries indicated:
1. School of Forestry
Mr. Finis H. Prendergast, Jr., 33, M.F. (Stephen F. Austin
State University), Lecturer (% time) of Forestry at a salary
rate of $1,275 for the Spring 1974 Semester only, effective
January 8, 1974. This is a temporary 4% months non-renewable
appointment.
Mr. Richard Larry Willett, 27, M.F. (Stephen F. Austin State
University), Instructor (3/4 time) of Forestry at a salary
rate of $2,950 for the Spring 1974 Semester only. This is a
temporary Ah months non-renewable appointment. Effective
date is January 8, 1974.
2. Department of School Services
Ms. Judith S. Huffty, 32, M.A. (George Peabody College), In
structor of School Services {h time) at a salary rate of $2,000
for the Spring 1974 Semester only, effective January 8, 1974.
Ms. Nancy C. Speck, 34, M.Ed. (Temple University), Instructor
(h time) of School Services at a salary rate of $2,000 for the
Spring 1974 Semester only, effective January 8, 1974.
3. Student Affairs Division
Mr. Donald Lee Knebel, 22, Patrolman, University Police De
partment, at a salary rate of $6,943 for twelve months, effec
tive October 1, 1973.
Dr. William G. Langston, 58, Gynecologist, Health Services, at
a salary rate of $15.00 per hour for 40% of full time, effective
October 9, 1973.
Ms. Heather Lynn White, 23, Manager, Craft Shop, at a salary
rate of $6,000 for twelve months, effective November 1, 1973.
4. University Computer Center
Mr. John Stuart Walker, 22, B.S. (Stephen F. Austin State
University), Programmer, at a salary rate of $8,400 for
twelve months, effective January 1, 1974.
22-4
74-25
Upon motion of Regent Todd, seconded by Regent Powers, with all
Regents voting aye, it was ordered that the following resignations
be accepted:
1. Department of Elementary Education
Ms. Patricia Johnson, Graduate Interne in Elementary Education,
effective December 21, 1973. Ms. Johnson moved to the Dallas
area.
2. Department of English
Mr. Oliver C. Foster, Assistant Professor of English, effective
May 31, 1974. Mr. Foster resigned to seek other employment.
3. School of Forestry
Mr. Robert C. Wendling, Instructor (3/4 time) of Forestry,
effective December 31, 1973. Mr. Wendling will be at Texas
ASM University on the joint Ph.D. program.
4. Department of Home Economics
Ms. Jareldine Mays, Instructor of Home Economics, effective
May 31, 1974. Ms. Mays was the junior employee in an over
staffed area.
Ms. Betsy C. Shaw, Instructor of Home Economics, effective
December 20, 1973. Ms. Shaw completed her temporary appointment.
5. Department of Political Science
Ms. Pamela R. Lee, Instructor of Political Science, effective
May 31, 1974. Ms. Lee resigned for personal reasons.
6. Department of School Services
Dr. Windel L. Dickerson, Associate Professor of School Services,
effective December 20, 1973. Dr. Dickerson has accepted other
employment.
7. Student Affairs Division
Mr. Gene James Burns, 50, Patrolman, University Police Department,
effective September 18, 1973. Mr. Burns was terminated due to
unsuitability and unprofessional conduct.
22-5
Mr. James C. Calahan, 44, Associate Dean of University Regula
tions, effective January 31, 1974. Mr. Calahan is going into
private business.
Mr. Paul John Novak, 23, Patrolman, University Police Department,
effective January 15, 1974. Mr. Novak has found a job elsewhere.
Mr. Gerald Ray Steed, 41, Sergeant, University Police Department,
effective October 24, 1973. Mr. Steed has found a job elsewhere.
74-26
Upon motion of Regent Perkins, seconded by Regent Powers, with all
Regents voting aye, it wa$ ordered that the following changes in
status be approved:
1. Department of English
Dr. Patricia Read, Assistant Professor of English, from 100%
time in English to 25% in English ajid 75% University Administra
tion for the Spring 1974 Semester only. Effective date is
January 8, 1974.
2. Student Affairs Division
Mr. Winston Edward Bishop, 28, Patrolman, University Police
Department, at a salary rate of $6,000 for twelve months, effec
tive November 1, 1973. Mr. Bishop is being transferred from an
hourly traffic officer to a monthly patrolman.
3. University Computer Center
Miss Gloria Gay Ash, from Supervisor-Production Control at a
salary rate of $7,300 to Computer Operator at a salary rate
of $8,400 for twelve months, effective December 1, 1973.
Mr. Ben Patton Covin, from Programmer I at a salary rate of
$8,500 to Programmer II at a salary rate of $9,500 for twelve
months, effective January 1, 1974.
Miss Deborah J. Finane, from Programmer I at a salary rate of
$7,690 to Programmer II at a salary rate of $8,700 for twelve
months, effective January 1, 1974.
Mrs. Nelda Sue Jordan, from Production Control Clerk at a
salary rate of $6,943 to Supervisor, Production Control at a
salary rate of $7,600 for twelve months, effective December
11, 1973.
22-6
'I. Bus i ness Of f i co
Mr. Bob Benson from Operation Manager in the Computer Center at
a salary rate of $15,510 for twelve months to Assistant Business
Manager at a salary rate of $12,000 for twelve months.
5. Office of Physical Plant
Mr. Bruce Harrell from Electrician at a salary rate of $4.00 per
hour to Electrical Crew Foreman at a salary rate of $9,360 for
twelve months.
74-27
Upon motion of Regent Perkins, seconded by Regent Wright, with all
Regents voting aye, it was ordered that the following retirement be
accepted:
1. Department of English
Dr. John Q. Hays, Professor of English, effective December 20,
1973.
74-28
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the following curriculum
items, approved by the University Undergraduate and Graduate Cur
riculum Committees, be approved:
(See next page)
22-7
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Agriculture 413
^Agriculture 414
Art 200
Communication 406
English/Sociology 305
English 411
Forestry 338
Forestry 347
General Business 358
General Business 367
General Business 370
General Business 373
Geography 100
HPE 104
HPE 349
HPE 353
HPE 360
HPE 457
HPE 476
HPE 478
*HPE 484
History 100
History 101
History 201
History 314
History 323
History 346
History 433
History 444
History 451
Home Economics 111
Home Economics 138
Home Economics 350
*Home Economics 402
Mathematics 300
Mathematics 301
Mathematics 302
Modern Languages (French) 320
Modern Languages (Spanish) 320
Modern Languages (French) 331
Modern Languages (French) 401
Modern Languages (Spanish) 408
Nursery Management
Orchard Management
General Handicrafts
Photography for Special Publications
Literary and Sociological Aspects of Death
Teaching English as a Foreign Language
Management Use of Fire
Silviculture
Security Analysis and Portfolio Management
Real Estate Financing
Financial Institutions
Intermediate Financial Management
Introduction to the Social Sciences
Ri fiery
Rhythms and Dance in the Elementary School
Physiology of Exercise
Remedial Exercises
Advanced Athletic Training
Laboratory Practices in Athletic Training
Laboratory Practices in Athletic Training
Driver & Traffic Safety Education II
Introduction to the Social Sciences
the Modern World
in History
■s History
Elementary Teacher
II
Hours
Credit
3
3
3
3
3
3
3
3
3
3
3
3
3
1
3
3
3
3
3
3
3
3
3
1
3
3
3
3
Introduction to
Critical Issues
Topics in Women
History for the
American Indians
Topics in Latin American History (A) Colonial
(B) Recent
Studies in British History (A) Anglo-Saxon and 3
Medieval (B) Tudor-Stuart (C) Hanoverian and
Victorian
Contemporary America 3
Social Etiquette 1
Principles of Food Preparation Laboratory 1
Nutrition and Growth Laboratory 1
Seminar in Institutional Equipment 1
Mathematics for the Elementary School Teacher 3
Materials and Project Activities for the 3
Elementary School Teacher
Foundations of Elementary Mathematics 3
Technical Communication in French 3
Business Spanish 3
French Civilization 3
Problems in Syntax and Semantics 3
Advanced Composition 3
^Submitted for Graduate Credit
22-8
COURSES ADDED (Continued)
Department and Number
^Modern Languages (Spanish)
Modern Languages (Spanish)
Music 142
Music 143
Music 170
Music 270
Music 271
Music 370
Music 470
Music 471
Music 472
Philosophy 223
Political Science 315
Political Science 450
Political Science 499
Psychology 100
Psychology 153
Psychology 201 (A,B,C,D)
Psychology 210
Psychology 310
Psychology 385
Psychology 390
Sociology 100
Sociology 307
Sociology 395
Sociology 400
Sociology 406
^Sociology 450
Title
Hours
Credit
409 Bilingual Literatures and Culture 3
410 Contrastive Linguistics, Spanish/English 3
Fundamentals of Music 3
Basic Guitar 3
Organ Familiarization 2
Hymnology 3
Service Playing 2
Music and Worship (Liturgies) 3
Church Music Seminar 3
Organ Pedagogy 2
Vocal Pedagogy 2
Moral Decision 3
Practical Politics 3
Urban Political Problems 3
Field Study in American Government and Politics 1-6
Introduction to the Social Sciences 3
Personality Differences of Males and Females 3
Contemporary Issues in Psychology 3
Developmental Psychology 3
Industrial Psychology 3
Psychology of Aggression 3
Psychology of Aging 3
Introduction to the Social Sciences 3
Vice Control 3
Aging and Mental Health 3
Institutional and Non-Institutional Care of the 6
Elderly
Community Treatment of Offenders 3
Sociology of Retirement 3
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
Art 143
Art 247
Art 300
Art 301
Art 302
Art 305
Art 325
Art 340
Art 341
Art 345
Art 357
Art 384
*Art 400
*IYrt 401
*Art 445
Title and Credit
Drawing (3)
Advanced Drawing (3)
Pictorial Composition (3)
Three-Dimensional Design (3)
Advertising Design (3)
Photography (3)
Advanced Advertising Design (3)
Watercolor Painting (3)
Painting Studio (3)
Graphic Art (3)
Sculpture (3)
Art Metal and Jewelry (3)
Sculpture Studio (3)
Advanced Sculpture Studio (3)
Graphic Arts (3)
New
No.
143
247
300
301
302
Com.
305
325
340
341
345
357
384
400
401
445
New Title and Credit
Drawing I (3)
Drawing II (3)
Painting I (3)
Sculpture I (3)
Advertising Design I (3)
Illustrative Photography (3)
Advertising Design II (3)
Painting II (3)
Painting III (3)
Printmaking I (3)
Sculpture II (3)
Art Metal and Jewelry I (3)
Sculpture III (3)
Sculpture IV (3)
Printmaking II (3)
^Submitted for Graduate Credit
22-9
iu at Ktvibtu (Continued)
Department and
Number
*Art 446
Art 453
*Art 454
*Art 457
"Art 461
Art 462
Art 466
Art 473
<\rt 484
inglish 331
inglish 332
English 233
-"ores try 337
Beneral Business 147
General Business 333
3eneral Business 338
General Business 357
leneral Business 371
PE 151
PE 449
>E 481
3E 483
istory 131
istory 132
istory 233
istory 234
istory 303
istory 304
10
Title and Credit
New
Np_^ New Title and Credit
Lithography (3) 445
Life Drawing (3) 353
Advanced Life Drawing (3) 454
Illustration Techniques 457
wj
Advanced Painting Studio 461
Advanced Painting Studio 462
Serigraphy (3) 466
Advanced Illustration 473
Techniques (3)
Advanced Art Metal and 484
Jewelry (3)
English Literature: 221
Before 1800 (3)
English Literature: 222
After 1800 (3)
Topics in Literature (3) 330
Forest Fire Control (2) 337
Introduction to Business 147
(3
Corporation Finance (3) 333
Property and Estate Law 366
(3)
Investments (3) 357
Commercial Banking (3) 371
ARC First-Aid Program (3) 151
449
481
Development of School
Dance Program (3)
Safety Education (3)
Driver Education (3) 483
Heritage of the Past (3) 131
Basic Problems of Modern 132
Civilization (3)
History of the United 133
States (3)
History of the United 134
States (3)
Diplomatic History of the 303
United States (1913-
Present) (3)
History of American 304
Science (3)
Printmaking III (3)
Drawing III (3)
Drawing IV (3)
Advertising Design III (3)
Painting IV (3)
Painting V (3)
Printmaking IV (3)
Advertising Design IV (3)
Art Metal and Jewelry II (3)
Major British Writers:
Before 1800 (3)
Major British Writers:
After 1800 (3)
Topics in Literature (3)
Forest Fire Control (3)
Introduction to Business
and Its Environment (3)
Introduction to Financial
Management (3)
Real Estate Law (3)
Introduction to Investments
Commercial Bank Management
ARC First-Aid and Disaster
Education (3)
Rhythms and Dance in the
Secondary School (3)
Principles of General Safety
Driver and Traffic Safety (3)
Western Civilization I (3)
Western Civilization II (3)
History of the United States
(1000-1865) (3)
History of the United States
(1865 to the Present) (3)
Diplomatic History of the
United States (1877-
Present) (3)
History of Science
(A) Western Heritage
(B) American (3)
ibmitted for Graduate Credit
22-10
COURSES TO BE REVISED (Continued)
11
Department and
Number
History 310
,History 311
History 319
history 321
listory 322
listory 337
istory 341
listory 345
listory 351
iistory 412
listory 425
istory 426
story 427
i story 428
istory 432
istory 438
istory 440
istory 446
istory 448
istory 450
Title and Credit
Ideas and Institutions
in America (3)
Development of European
Institutions (3)
Western Civilization in
the Middle Ages (3)
Studies in Asian History
(3)
Eastern Civilization (3)
Social and Cultural His
tory of the American
People (3)
New
No. New Title and Credit
310
311
319
321
322
337
History of England (Pre 341
historic England to
1500) (3)
The American Frontier (3) 345
History of Russia: An- 351
cient, Medieval, and
Modern Russia to 1905
(3)
Studies in.Modern European 412
History (3)
Europe of the Old Regime 425
)
The French Revolution and 426
Napoleon (3)
The South (1607-1861) (3) 427
The South (1877-Present) 428
History of Mexico (3) 333
The British Empire in 438
North America (1607-1763)
1-3)
Revolutionary America 440
(1763-1789) (3)
Reconstruction and the New 446
Nation (1865-1897) (3)
The Progressive Era and 448
World War I (3)
The New Deal and After (3) 450
Studies in American
Institutions (3)
National Institutions
The Middle Ages (3)
(3)
Early Eastern Civilizations
(3)
Modern Eastern Civilizations
(3)
Studies in American Social,
Cultural, and Intellectual
History (A) To 1865
(B) Since 1865 (3)
History of England (Pre
historic to 1500) (3)
American Frontiers (3)
Russia to 1900 (3)
Studies in European History
(A) Ancient and Medieval
(B) Modern (3)
The Age of Absolutism
(1648-1789) (3)
Europe in the Age of
Revolution (A) French
Revolution and Napoleon
(1770-1815) (B) National
and Liberal Revolution
(1815-1871) (3)
The Old South (3)
The New South (3)
History of Mexico (3)
Colonial America (3)
The American Revolution (3)
Reconstruction and the New
Nation (3)
From the Progressive Era
to the Great Depression
(3)
The New Deal and World War II
(3)
ibmitted for Graduate Credit
22-11
COURSES TO BE REVISED (Continued)
Department and
Number
History 453
History 464
Modern Languages (Spanish) 308
Modern Languages (French) 330
Modern Languages (French) 404
Modern Languages (Spanish) 407
Modern Languages (Spanish) 412
Modern Languages (Spanish) 426
%isic 137
Music 141
Music 241
Music 341
Political Science 311
Psychology 220
Sociology 352
Sociology 493
Title and Credit
History of Russia (3)
India, China, and Japan
in the Modern Period (3)
The Development of Short
Narrative in Spanish (3)
Contemporary French
Civilization (3)
French Literature of the
Seventeenth Century (3)
Survey of Spanish
Literature, 1700
Contemporary (3)
Spanish American
Literature (3)
Spanish Drama of the
Golden Age (3)
Jazz Workshop Vocal (1)
Fundamentals of Music (3)
Elementary Music
Supervision (3)
Advanced Supervision of
Elementary Music (3)
American Negro Politics
to
History of Psychology (3)
North American Archeolo
gy: Area Studies (3)
Special Studies of Peo
ples, Cultures and
Social Institutions (3)
New
No.
12
New Title and Credit
352 Modern Russia (3)
464 Studies in Far Eastern
History (3)
308 Spanish Prose of Ideas (3)
330 French Civilization (3)
404 French Classicism (3)
407 Survey of Spanish Literature
(3)
412 Survey of Spanish American
Literature (3)
426 Spanish Literature of the
Golden Age (3)
237 Jazz Vocal Workshop (1)
141 Music for Classroom (3)
241 Music in the Elementary
School (3)
341 Music in the Middle School
(3)
311 Politics of American
Ethnic Minorities (3)
420 History and Systems of
Psychology (3)
352 North American Archeology:
(A,B,C) Area Studies (A) Great
Basin (B) Southwest
(C) North Plains (3)
493 Special Studies of Selected
World Societies (A) Spani
American Societies (B) Br
zilian Society (3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Art 238
Art 306
Art 440
Economics 471
Economics 535
English 121
Forestry 309
Forestry 314
Title and Credit
Technical Illustration (3)
Creative Photography (3)
Advanced Watercolor Painting (3)
Economic Growth and Development (3)
Seminar in Economic Systems (3)
Composition for Foreign Students (3)
Care of Ornamental Trees (3)
Pathology and Entomology of Forest Products (3)
^Submitted for Graduate Credit
22-12
COURSES TO BE DELETED (Continued)
Department and Number
History 332
History 338
13
(French) 101.
(French) 405
History 429
History 431
iHi story 441
History 442
Modern Languages
Modern Languages
Modern Languages (French) 406
Modern Languages (Spanish) 406
Modern Languages (French) 407
Modern Languages (Spanish) 411
Modern Languages (Spanish) 427
Modern Languages (French) 489
Psychology 280
Psychology 400
Psychology 498
School Services 459
Secondary Education 510
102, 103
Title and Credit
Latin American History (1825-Present) (3)
Social and Cultural History of the American
People (3)
Nationalism and Liberalism (1815-1878) (3)
History of Spanish Mexico (1521-1810) (3)
The Hanoverian Age (1714-1837) (3)
The Victorian Age (1837-1910) (3)
Elementary French (1, 1, 2)
French Literature of the Seventeenth Century (3)
Survey of French Literature (3)
Survey of Spanish Literature (3)
Survey of French Literature (3)
Spanish American Literature (3)
The Spanish Novel of the Golden Age (3)
History of the French Language (3)
Comparative Psychology (3)
Experimental Psychometric (3)
Controversial Issues in Psychology (3)
Tests and Measurement (3)
Conflicts in Education (3)
COURSES ADDED: (Graduate.Council)
Department and Number •
Elementary Education 584
Geology 517
Home Economics 402
Modern Languages (Spanish) 408
Modern Languages (Spanish) 409
Modern Languages (Spanish) 410
Psychology 530
Psychology 531
Psychology 540
Secondary Education 527
Secondary Education 542
Secondary Education 561
Secondary Education 562
Secondary Education 581
Title
Hours
Credit
Individualization of Instruction
Earth Materials for Teachers
Seminar in Institutional Equipment
Advanced Composition
Bilingual Literatures and Culture
Contrastive Linguistics, Spanish/English
Curriculum Development for Secondary
Teachers of Psychology: Scientific Topics
Curriculum Development for Secondary
Teachers of Psychology: Clinical Topics
Classroom Methods in Psychology
The Secondary School Student
Practicum in Supervision of Curriculum
Classroom Management
Value Based Instruction in the Content
Areas
Problems in Professional Education
3
3
3
3
3
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Home Economics 580
New
Title and Credit No.
Homemaking Programs in 580
-the Secondary School
(3)
New Title and Credit
Homemaking Programs in the
Secondary School (1-3)
22-13
COURSES TO BE REVISED (Continued)
•14
Department and
Number
Modern Languages (French) 404
Modern Languages (Spanish) 407
Modern Languages (Spanish) 412
Psychology 501
Psychology 507
Psychology 513
Psychology 520
Psychology 521
New
Title and Credit No.
French Literature of 404
the Seventeenth
Century (3)
Survey of Spanish 407
Literature, 1700
Spanish-American Lit- 412
erature (3)
Advanced Analysis of 501
Behavioral Data (3)
Experimental Design 507
(3)
Personality Assessment 513
(3)
Clinical Internship I 520
(3)
Clinical Internship II 521
(3)
New Title and Credit
French Classicism (3)
Survey of Spanish Literature
(3)
Survey of Spanish-American
Literature (3)
Advanced Analysis of Behaviora
Data (4)
Experimental Design (4)
Personality Assessment (4)
Clinical Internship I (6)
Clinical Internship II (6)
COURSES TO BE DELETED: (Graduate Council)
Department and Number
Modern Languages (French) 405
Modern Languages (Spanish) 406
Modern Languages (French) 407
iModern Languages (Spanish) 411
Modern Languages (Spanish) 427
Modern Languages (French) 489
Psychology 580
Title and Credit
French Literature of the Seventeenth Century (3)
Survey of Spanish Literature (3)
Survey of French Literature (3)
Spanish American Literature (3)
The Spanish Novel of the Golden Aqe (3)
History of the French Language (3)
Instrumentation in Experimental Psychology (3)
22-14
15
74-29
Upon motion of Regent Cullum, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the University be granted
permission to petition the Coordinating Board for the establishment
of a School of Applied Studies and the offering of a Bachelor of
Applied Studies degree.
74-30
Upon motion of Regent Perkins, seconded by Regent Powers, with all
Regents voting aye, it was ordered that the bond resolution for the
issuance and sale of Board of Regents of Stephen F. Austin State
University Improvement Revenue Bonds Series 1974 in the principal
amount of $500,000 for an effective interest rate of 4.811% to the
American National Bank of Austin be approved and that the Chairman
of the Board be authorized to sign the resolution and accompanying
documents prepared by Messrs. McCall, Parkhurst and Horton, as
follows:
22-15
16
CERTIFICATE FOR
A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS
SERIES 1974, $500,000
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
We, the undersigned officers of the Board of Regents of
Stephen F. Austin State University, hereby certify as follows:
1. That the Board of Regents of said University con
vened in SPECIAL MEETING ON THE SIST DAY OF JANUARY, 1974, at the
regular designated meeting place, and the roll was called of the
duly constituted officers and members of said Board of Regents,
to-wit:
R. E. McGee, Chairman Glenn Justice
Joe Bob Golden, Vice Chairman Ernest Powers
James I. Perkins Mrs. George Cullum, Jr.
Robert C. Gray Walter C. Todd
Mrs. Tom Wright Charles G. Haas, Secretary
and all of said persons were present, except the following
absentees: fl., &Jr-<Zuu>* - TZS^ C. %«. . ., fr<^^
thus constituting a Quorum. Whereupon(,\ anfc>ng(Jother business, the
following was transacted at said meeting: a written
RESOLUTION AUTHORIZING THE ISSUANCE OF IMPROVEMENT REVENUE BONDS
was duly introduced for the consideration of said Board and read
iinn ffuullll.. IItt wwaass tthheenn dduullyy mmoovvee d and seconded that said Resolu-tion
be passed; and, after due discussion, said ™^' ^™
with it the passage of said Resolution, prevailed and carried by
the following vote:
AYES: All members of said Board shown
present above voted "Aye".
NOES: None
2. That a true, full, and correct copy of the afore
said Resolution passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certificate;
that said Resolution has been duly recorded in said Board smin
utes of said Meeting; that the above and foregoing paragraph is
a true, full, and correct excerpt from said Board's minutes of
22-16
17
said Meeting pertaining to the passage of said Resolution, that
the persons named in the above and foregoing paragraph are the
duly chosen, qualified, and acting officers and members of said
Board as indicated therein; that each of the officers and members
of said Board was duly and sufficiently notified officially and
personally, in advance, of the time, place, and purpose of the
aforesaid Meeting, and that said Resolution would be introduced
and considered for passage at said Meeting, and each of said
officers and members consented, in advance, to the holding of
said Meeting for such purpose; and that said Meeting was open to
the public, and public notice of the time, place, and purpose of
said meeting was given, all as required by Vernon's Ann. Civ. St.
Article 6252-17.
3. That the Chairman of the Board of Regents has
approved, and hereby approves, the aforesaid Resolution; that
the Chairman and Secretary of said Board of Regents have duly
signed said Resolution; and that the Chairman and Secretary cxE
said Board of Regents hereby declare that their signing of this
Certificate shall constitute their signing of the attached and
following copy of said Resolution for all purposes.
SIGNED AND SEALED this the 31st day of January, 1974.
Secretary, Board of Regents
Stephen F. Austin State
University
Chairman, Board of Regents
Stephen F. Austin State
University
(SEAL)
22-17
18
A RESOLUTION
AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT
REVENUE BONDS, SERIES 1974, $500,000
WHEREAS, the Board of Regents of Stephen F. Austin
State University is authorized to issue bonds in accordance with
Chapter 55 of the Texas Education Code; and
WHEREAS, it is hereby officially found and determined
that a case of emergency or urgent public necessity exists which
requires the holding of the meeting at which this Resolution is
passed, such emergency or urgent public necessity being that the
proceeds from the proposed bonds are required as soon as possible
and without delay for necessary and urgently needed public im
provements; and that said meeting was open to the public, as re
quired by law and public notice of the time, place, and purpose
of said meeting was given, all as required by Vernon1s Ann. Civ.
St., Article 6252-17.
THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY:
Section 1. That said Board's negotiable, serial, cou
pon bonds, to be designated and issued as follows:
BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE
UNIVERSITY IMPROVEMENT REVENUE BONDS, SERIES
1974 (hereinafter sometimes called the
Series 1974 Bonds" or "Bonds"), are hereby
authorized to be issued and delivered in the
principal amount of $500,000, for the purpose
of remodeling and equipping a dormitory for
and on behalf of the University on its campus
at Nacogdoches, Texas.
Section 2. That the Series 1974 Bonds shall be dated
January 1, 1974, shall be numbered consecutively from 1 through
100, shall be in the denomination of $5,000 each, and shall be
and become due and payable serially on July 1 in each of the
years, and in the amounts, respectively, as set forth in the
following schedule:
22-18
Section 3. That the Series 1974 Bonds shall bear
interest from their date, until maturity or redemption, at the
following rates, payable on July 1, 1974, and semi-annually
thereafter on each January 1 and July 1, to-wit:
Bonds maturing during the years
1983 fcbxaueb^^- ^ ^ % Per annum;
Bonds maturing during the years
through 19/^ #,j^°Io per annum;
Bonds maturing during the years
through 19£2 *'*c % Per annumJ
Bonds maturing during the years
19_/£ through 19^ ^./o 7, per annum.
Section 4. That the bonds, and the interest coupons
appertaining thereto, shall be payable, may be redeemed prior to
their scheduled maturities, shall have the characteristics, and
shall be signed and executed (and said bonds shall be sealed),
all as provided, and in the manner indicated, in the form of
bond set forth in this Resolution.
Section 5. That the form of the bonds, including the
form of Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to be printed and endorsed on
each of said bonds, and the form of the aforesaid interest cou
pons which shall appertain and be attached initially to each of
said bonds, shall be, respectively, substantially as follows:
(FORM OF BOND)
N0. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
IMPROVEMENT REVENUE BOND
SERIES 1974
ON JULY 1, 19_, THE BOARD OF REGENTS OF STEPHEN F.^
AUSTIN STATE UNIVERSITY, for and on behalf of Stephen F. Austin
State University, promises to pay to bearer the principal amount
of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the rate of
% per annum, evidenced by interest coupons payable on July 1,
1974, and semi-annually thereafter on each January 1 and July 1
while this bond is outstanding.
22-19
THE PRINCIPAL of this bond and the interest coupons 20
appertaining hereto shall be payable to bearer, in lawful money
of the United States of America, without exchange or collection
charges to the bearer, upon presentation and surrender of this
bond or proper interest coupon, at the Commercial National Bank,
Nacogdoches, Texas, or, at the option of the bearer, at the
Chase Manhattan Bank (National Association), New York, New York,
which places shall be the Paying Agents for this Series of bonds.
THIS BOND is one of a Series of negotiable, serial,
coupon bonds, dated January 1, 1974, issued in the principal
amount of $500,000, for the purpose of remodeling and equipping
a dormitory for and on behalf of the University on its" campus at
Nacogdoches, Texas.
THE BONDS of this Series scheduled to mature on and
after July 1, 1985 may be redeemed prior to their scheduled
maturities, in whole or in part, at the option of said Board
on July 1, 1984, or on any interest payment date thereafter,
for the principal amount thereof plus accrued interest to the
date fixed for any such redemption. At least thirty days before
the date fixed for any such redemption the Board shall cause a
written notice of such redemption to be published at least once
in a financial publication printed in the City of New York, New
York. By the date fixed for any such redemption, due provision
shall be made with the Paying Agents for the payment of the prin
cipal amount of the bond to be redeemed, plus accrued interest
thereon to the date fixed for redemption. If the written notice
of redemption is published, and if due provision for such payment
is made, all as provided above, the bonds, which are to be so re
deemed , thereby automatically shall be redeemed prior to maturity,
and they shall not bear interest after the date fixed for redemp
tion, and shall not be regarded as being outstanding except for
the purpose of receiving the funds so provided for such payment.
IT IS HEREBY certified, recited, and covenanted that
this bond has been duly and validly issued and delivered; that
all acts, conditions, and things required or proper to be per
formed, exist, and be done precedent to or in the issuance and
delivery of this bond have been performed, existed, and been
done in accordance with law; and that the interest on and prin
cipal of this bond and the Series of which it is a part, are
secured by and payable from an irrevocable lien on and pledge
of the gross proceeds of the Building Use Fee levied and collec
ted from all students in regular attendance at Stephen F. Austin
State University (formerly Stephen F. Austin State College) for
the use and availability of the Liberal Arts Classroom Building
subject only and subordinate to the first lien on and pledge of
the aforesaid gross proceeds of the Building Use Fee heretofore
created in connection with Board of Regents, State Senior Col
leges, Stephen F. Austin State College Building Use Fee Revenue
Bonds of 1968, dated June 1, 1968, and Board of Regents of
Stephen F. Austin State University Refunding Revenue Bonds of
1970, dated July 1, 1970 or any bonds issued to refund said bonds,
9?-?n
21
referred to as "Pledged Revenues" and specifically described in
the Resolution authorizing this Series of Bonds. After the Board
of Regents, State Senior Colleges, Stephen F. Austin State College
Building Use Fee Revenue Bonds of 1968 and Board of Regents of
Stephen F. Austin State University Building Refunding Revenue
Bonds of 1970 or any Bonds issued to refund same are retired,
the Bonds and Additional Bonds and the interest thereon are and
shall be secured by and payable from an irrevocable first lien
on and pledge of the Building Use Fee.
SAID BOARD has reserved the right, subject to the re
strictions stated in said Resolution authorizing this Series of
bonds, to issue additional parity revenue bonds which also may
be secured by and made payable from an irrevocable lien on and
pledge of the aforesaid Pledged Revenues.
THE HOLDER HEREOF shall never have the right to demand
payment of this obligation out of any funds raised or to be
raised by taxation.
IN WITNESS WHEREOF, this bond and the interest coupons
appertaining hereto have been signed with the ^iaines1 gnature
of the Chairman of said Board, and countersigned with the facsi
mile signature of the Secretary of said Board, and the official
seal of said Board has been duly impressed, or placed in facsi
mile, on this bond.
xxxxx
xxxxx
Secretary, Board of Regents
Stephen Fo Austin State
University
Chairman, Board of Regents
Stephen F. Austin State
University
(FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE)
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. .-
I hereby certify that this bond has been examined, cer
tified as to validity, and approved by the Attorney General of the
State of Texas, and that this bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
1974.
WITNESS my signature and seal this day of February,
Comptroller of Public Accounts of the
State of Texas
22-21
22 (FORM OF INTEREST COUPON)
NO. *
ON 1, 19_,
THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, for
and on behalf of Stephen F. Austin State University, promises to
pay to bearer the amount shown on this interest coupon, in lawful
money of the United States of America, without exchange or collec
tion charges to the bearer, unless due provision has been made
for the redemption prior to scheduled maturity of the bond to
which this interest coupon appertains, upon presentation and
surrender of this interest coupon, at the Commercial National
Bank, Nacogdoches, Texas, or, at the option of the bearer, at
The Chase Manhattan Bank (National Association), New York, New
York, said amount being interest due that day on the bond bear
ing the number hereinafter designated of that issue of BOARD OF
SCENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE
BOND, SERIES 1974", dated January 1, 1974. The holder hereof
shall never have the right to demand payment of this obligation
out of any funds raised or to be raised by taxation.
BOND NO. .
xxxxx xxxxx
Secretary, Board of Regents Chairman, Board of Regents
Section 6. That throughout this Resolution, the follow
ing terms as used herein shall have the meanings set forth below,
unless the text hereof specifically indicates otherwise:
The term "Additional Bonds" shall mean the additional
parity revenue bonds permitted to be authorized in this Resolution,
The term "Board" shall mean the Board of Regents of
Stephen F. Austin State University.
The term "Bonds of 1968" shall mean the Board of
Regents, State Senior Colleges, Stephen F. Austin State College
Building Use Fee Revenue Bonds of 1968, dated June 1, 1968.
The term "Bonds of 1970" shall mean the Board of
Regents of Stephen F. Austin State University Building Refunding
Revenue Bonds of 1970, dated July 1, 1970.
The term "Building Use Fee" shall mean the gross col
lected of the building use fee fixed, charged and collected from
each student enrolled in the University at each fall and spring
semester and at each term of each summer session for the use and
availability of the Liberal Arts Classroom Building (except those
students that may now be exempt by Chapter 54, Texas Education
Code).
22-22 •
25
The term nLiberal Arts Classroom Building11 or "Liberal
Arts Building11 shall mean the existing building known by such
name on the campus of the University.
The term "Outstanding" when used with reference to
Bonds or Additional Bonds and as of a particular date shall mean
all Bonds and Additional Bonds theretofore issued and not can
celled except Bonds or Additional Bonds for the payment or redemp
tion of which cash, equivalent to the principal amount or redemp
tion price thereof, with interest to date of maturity or redemp
tion date, shall be held by the Banks of Payment, provided that
if such Additional Bonds are to be redeemed prior to date of
maturity, notice of redemption shall have been given as provided
in the Resolution or Resolutions authorizing such Additional Bonds.
The term "Pledged Revenues" shall mean collectively the
Building Use Fee subject only and subordinate to the first lien
on and pledge of the aforesaid gross proceeds of the Building Use
Fee heretofore created in connection with the Bonds of 1968 and
Bonds of 1970, or any bonds issued to refund same, together with
any additional revenues, income, receipts, or other resources, in
cluding without limitation, any grants, donations, or income re
ceived or to be received from the United States Government, or any
other public or private source, whether pursuant to any agreement
or obligation, which hereafter may be pledged to the payment of
the Bonds or the Additional Bonds0
The term "University" shall mean the Stephen Fo Austin
State University,,
Section 7o That the Bonds and any Additional Bonds,
and the interest thereon, are and shall be secured by and payable
from an irrevocable lien on and pledge of the Pledged Revenueso
After the Bonds of 1968 and Bonds of 1970, or bonds issued to re
fund same are retired, the Bonds and any Additional Bonds and the
interest therein are and shall be retired by and payable from an
irrevocable first lien on and pledge of the Building Use Fee.
Section 80 That the Bonds and any Additional Bonds,
and interest coupons appertaining thereto shall constitute spec
ial obligations of the Board, payable solely from the Pledged
Revenues, and such obligations shall not constitute a prohibited
indebtedness of the University, the Board, nor the State of Texas,
and the holders of the Bonds and Additional Bonds and the coupons
attached thereto shall never have the right to demand payment out
of funds raised or to be raised by taxationQ
Section 9o (a) That the Board covenants and agrees to
fix, levy, charge and collect the Building Use Fee for each stu
dent enrolled in the University, at each fall and spring semester
and at each term of each summer session, for the use and avail
ability of the Liberal Arts Classroom Building (except those stu-
22-23
24
dents that may now be exempt by Chapter 54 of the Texas Educa
tion Code) in such amounts, without any limitation whatsoever,
as will be at least sufficient at all times to provide, the
money for making all deposits required to be made to the credit
of the Interest and Redemption Fund and the Debt Service Reserve
Account of the Interest and Redemption Fund to secure the payment
of the principal of and interest on the Bonds of 1968 and the
Bonds of 1970, and to pay the cost of insuring the Liberal Arts
Classroom Building, and together with other Pledged Revenues, the
money for making all deposits required to be made to the credit
of the Interest and Sinking Fund and the Reserve Fund in connec
tion with the Bonds and any Additional Bonds.
(b) That it is hereby resolved, re-established, declar
ed, and confirmed that, commencing and effective with the regular
1974 spring semester of the University the Building Use Fee has
been and is hereby fixed and levied, and was and shall be charged
and collected at the rates as follows:
(1) $13.00 per student enrolled at each of the
regular fall and spring semesters; and
(2) $6.50 per student enrolled at each term of
each summer session:
such rates being the same as levied in the Bond Resolution that
authorized the Bonds of 1970; however, Section 55.16 of the Texas
Education Code, as ameneded in the 63rd Legislature, Regular Ses
sion, 1973, shall be complied with in the levy of the Building
Use Fee which shall be fixed and collected in proportion to the
number of semester credit hours for which a student registers.
The Building Use Fee shall be increased if and when required
by this Section, and may be decreased, so long as all Building
Use Fees are sufficient to provide the money for making all de
posits required to be made to the credit" of the Interest and Re
demption Fund and the Debt Service Reserve Account of the Inter
est and Redemption Fund to secure the payment of the principal of
and interest on the Bonds of 1968 and Bonds of 1970 and together
with other Pledged Revenues, the money for making all deposits
required to be made to the credit of the Interest and Sinking
Fund and Reserve Fund, in connection with the Bonds and any Addi
tional Bonds. All such changes in the Building Use Fee shall be
made by resolution of the Board, but such procedure shall not
constitute or be regarded as an amendment of this Resolution,
but merely the carrying out of the provisions hereof.
22-24
25
Section 10. That there is hereby created and shall be
established on the books of the University a separate account to
be entitled the "Revenue Fund" (hereinafter called the Revenue
Fund"). All monies on deposit in the Building Use Fee Fund es
tablished by the Bond Resolution that authorized the Bonds o±
1968, on or before June 30, 1974 and semi-annually thereafter
on or before June 30 and December 30 thereafter, shall be trans
ferred from the Building Use Fee Fund and credited to the Revenue
Fund only after requisite deposits have been made to the credit
of the Interest and Redemption Fund and the Debt Service Reserve
Account of the Interest and Redemption Fund, to secure the payment
of the principal of and interest on the Bonds of 1968 and Bonds
of 1970 as required by the Bond Resolutions which authorized
said bonds.
Section 12. That there is hereby created and shall be
established^ fficial depository of^£™g^ a
must be a member of the Federal ^^^l^enue Bonds Reserve
separate fund to be entitled ^v^R*^ve Fund") which
Fund" (hereinafter sometimes called the ke Outstanding
to make such payments.
Section 13. Money in any Fund established pursuant to
this Resolution may, at the option of the Board be placed in
time deposits or invested in direct obligations of,■ «?bUga
tions the principal of and interest on which are guaranteed by,
the United States of America, and evidences of indebtedness of
5s st^is'jrcs^ffirtnr^
expended from any Fund will be available at the
22-25
tune or
times. Such investments shall be valued in terms of current mar
ket value as of the last day of January and July of each year.
Interest and income derived from such deposits and investments
shall be credited to the Fund from which the deposit or invest
ment was made. Such investments shall be sold promptly when
necessary to prevent any default in connection with the Bonds or
Additional Bonds.
Section 14. That all money in all Funds created by
this Resolution, to the extent not invested, shall be secured in
the manner prescribed by law for securing funds of the University,
in principal amounts at all times not less than the amounts of
money credited to such Funds, respectively.
Section 15. That the Board, or at the option of the
Board, shall transfer from the Pledged Revenues in the Revenue
Fund, from any other source with monies lawfully available, and
deposit to the credit of the Interest and Sinking Fund the
amounts, at the times, as follows:
(1) On or before June 30, 1974, and semi-annually
on or before each December 30 and June 30 thereafter,
an amount which will be sufficient, together with
other monies, if any, then on hand therein and avail
able for such purpose, to pay the interest scheduled
to accrue and come due on the Bonds on the next suc
ceeding interest payment date; and
(2) On or before December 30, 1982, and semi-annually
on or before each June 30 and December 30 thereafter,
an amount which will be sufficient, together with
other monies, if any, then on hand therein and avail
able for such purpose, an amount equal to one-half of
the principal scheduled to mature and come due on the
Bonds on the next succeeding principal maturity date.
Section 16. That on or before the date of the delivery
of the Bonds to the purchasers of same, the Board shall cause to
be deposited into the Reserve Fund $50,000 from available funds.
That on or before December 30, 1975, and semi-annually on or be
fore each July 30th and December 30th thereafter, the Board shall
transfer from the Revenue Fund and deposit to the credit of the
Reserve Fund, an amount equal to l/10th of the average annual
principal and interest requirements of the Bonds; provided, how
ever, that when the money and investments in the Reserve Fund are
at least equal in market value to the amount of the average annual
principal and interest requirements of the Bonds, then such depos
its may be discontinued, unless and until the Reserve Fund should
be depleted to less than said amount in market value, in which
case said deposits shall be resumed and continued until the Re
serve Fund is restored to said amount; and so long as the Reserve
Fund contains said amount, any surplus in the Reserve Fund over
said amount shall be transferred to the Interest and Sinking Fund.
22-26
27
Section 17. (a) That if on any occasion there shall
not be sufficient Pledged Revenues to make the required deposits
^toiheintefes't and linking Fund and the Reserve Fund then such
deficiency shall be made up as soon as possible from the nex^,
avaUableVledged Revenues" or from any other sources available
for such purpose.
(b) That immediately following each required semi
annual deposit from the Revenue Fund to the «* ^tr'Sls^es"
and Sinking Fund and the Reserve Fund as required *yA?£* *"l
lution or any resolution authorizing the issuance of Additional
Bonds?all remaining surplus Pledged Revenues ^^dlor'any
the credit of the Revenue Fund may be used by the Board tor any
lawfSpurpose. It is specifically covenanted and agreed however,
that none of the Pledged Revenues in the Revenue Fund will be re
leased from the control of the Board, or otherwise amended or
disposed of, until after each such required semi-annual ^posit
from the Revenue Fund has been made to the c*f ^ °^m**f |**St
and Sinking Fund and the Reserve Fund, and all r^irf ^S_^r
the semi-annual payment has been made to the credit of the Inter
est and Redemption Fund and Debt Service Reserve Fund that
secures the payment of the principal of and interest on the Bonds
of 1968 and Bonds of 1970. The release of money on deposit in
the Revenue Fund shall be made unless prohibited by the bond
resolutions that authorized the Bonds of 1968 and 1970.
Section 18. On or before the last day of June, 1974,
and semi-annually on or before the last day of each December and
of each June thereafter while any of the Bonds or Additional Bonds
are outstanding and unpaid, the Board shall make available to the
paying agents therefor, out of the Interest and Sinking Fund, and/
or the Reserve Fund, if necessary, money sufficient to pay such
interest on and such principal of the Bonds and Additional Bonds
as will accrue or mature on the July 1st or January 1st immediate
ly following. The paying agents shall totally destroy all paid
Bonds and Additional Bonds, and the coupons appertaining thereto,
and shall furnish the Board with an appropriate certificate of
destruction.
Section 19. That at such times as the aggregate amount
of money and investments in the Interest and Sinking Fund and the
Reserve Fund are at least equal in market value to (1) the aggre
gate principal amount of all unpaid (unmatured and matured) out
standing Bonds and Additional Bonds, plus (2) the aggregate
amount of all unpaid (unmatured and matured) outstanding interest
coupons appertaining to such Bonds and Additional Bonds, no fur
ther deposits need be made into the Interest and Sinking Fund or
Reserve Fund. In determining the amount of such Bonds and Addi
tional Bonds, and interest coupons appertaining thereto, outstand
ing at any time, there shall be subtracted and excluded the amount
22-27
28
of any such Bonds and Additional Bonds, and interest coupons ap
pertaining thereto, which shall have been duly called for redemp
tion and for which funds shall have been deposited with the paying
agents therefor sufficient, including any required redemption
premium, for such redemption.
Section 20. That the Board shall have the right and
power at any time and from time to time, and in one or more Series
or issues, to authorize, issue, and deliver additional parity
revenue bonds (herein called "Additional Bonds"), in any amounts,
for any lawful purpose, and to refund any Bonds, Additional Bonds,
or any existing indebtedness of the University. Such Additional
Bonds, if and when authorized, issued, and delivered in accordance
with this Resolution, shall be secured and payable squally and
ratably on a parity with the Bonds, and all other outstanding
Additional Bonds, by an irrevocable lien on and pledge of the
Pledged Revenues.
Section 21. (a) The Interest and Sinking Fund and the
Reserve Fund established by this Resolution shall secure and be
used to pay all Additional Bonds as well as the Bonds. However,
each resolution under which Additional Bonds are issued shall pro
vide and require that, in addition to the amounts required by the
provisions of this Resolution and the provisions of any other
resolution or resolutions authorizing Additional Bonds to be de
posited to the credit of the Interest and Sinking Fund, the Board
shall transfer from the Pledged Revenues and deposit to the cred
it of the Interest and Sinking Fund at least such amounts as are
required for the payment of all principal of and interest on said
Additional Bonds then being issued, as the same comes due, and
that the Board shall transfer from said Pledged Revenues and de
posit to the credit of the Reserve Fund at least such amounts, m
approximately equal semi-annual installments, as will, together
with any other amounts already required to be deposited in the
Reserve Fund in connection with the Bonds and any other outstand
ing Additional Bonds, be sufficient to cause the Reserve Fund to
accumulate and contain within a period of not to exceed sixty
months after the date of said Additional Bonds then being issued,
a total amount of money and investments at least equal m market
value to the average annual principal and interest requirements
of all Bonds and Additional Bonds to be outstanding after the
issuance of the then proposed Additional Bonds.
(b) The principal of all Additional Bonds must be
scheduled to be paid or mature on July 1 of the years in which
such principal is scheduled to be paid or mature; and all inter
est thereon must be payable on January 1 and July 1.
Section 22. Additional Bonds shall be issued only in
accordance with this Resolution, but notwithstanding any provi
sions of this Resolution to the contrary, no installment. Series,
or issue of Additional Bonds shall be issued or delivered unless:
22-28
(a) The senior financial officer of the University
signs a written certificate to the effect that the Board is not
in default as to any covenant, condition, or obligation in con
nection with all outstanding Bonds and Additional Bonds, and the
resolutions authorizing same, and that the Interest and Sinking
Fund and the Reserve Fund each contains the amount then required
to be therein.
(b) The State Auditor of the State of Texas, or a
certified public accountant, signs a written certificate to the
effect that during either the next preceding fiscal year, or any
twelve consecutive calendar month period ending not more than
ninety days prior to the adoption of the resolution authorizing
the issuance of the then proposed Additional Bonds, the Pledged
Revenues were at least equal to 1.25 times the average annual
principal and interest requirements of all Outstanding Bonds, and
Additional Bonds.
(c) The senior financial officer of the University
signs a written certificate to the effect that during each Univer
sity fiscal year, while any Bonds or Additional Bonds are schedul
ed to be outstanding, beginning with the fiscal year next follow
ing the date of the proposed Additional Bonds, the Pledged
Revenues estimated to be received during each of said fiscal
years, respectively, will be at least 1.25 times the principal
and interest requirements on all then Outstanding Bonds and Addi
tional Bonds, and the then proposed Additional Bonds, during each
of said fiscal years, respectively.
Section 23. The Board further covenants and agrees
that:
(a) It will fix, impose, charge, and collect all
Pledged Revenues; and will faithfully perform at all times any
and all covenants, undertakings, stipulations, and provisions
contained in this Resolution and each resolution authorizing the
issuance of Additional Bonds, and in each and every Bond and
Additional Bond; that it will promptly pay or cause to be paid
from the Pledged Revenues the principal of and interest on every
Bond and Additional Bond, on the dates and in the places and
manner prescribed in such resolutions and Bonds or Additional
Bonds; and that it will, at the times and in the manner pre
scribed, deposit or cause to be deposited from the Pledged
Revenues the amounts required, or from monies available from
other lawful sources, to be deposited into the Interest and
Sinking Fund and the Reserve Fund; and any holder of the Bonds
or Additional Bonds may require the Board, its officials or
employees, and any appropriate official of the State of Texas,
to carry out, respect, or enforce the covenants and obligations
of this Resolution or any resolution authorizing the issuance of
Additional Bonds, by all legal and equitable means, including
specifically, but without limitation, the use and filing of man
damus proceedings, in any court of competent jurisdiction,
against the Board, its officials and employees, or any appro
priate official of the State of Texas.
30
(b) It is duly authorized under the laws of the State
of Texas to create and issue the Bonds; that all action on its
part for the creation and issuance of the Bonds has been duly and
effectively taken, and that the Bonds in the hands of the holders
and owners thereof are and will be valid and enforceable specxal
obligations of the Board in accordance with their terms.
(c) It lawfully owns and is lawfully possessed of the
lands, buildings, and facilities constituting the University, in
cluding the Liberal Arts Building, and its campus and has a good
and indefeasible estate in such lands, buildings, and facilities
in fee simple, that it warrants that it has, and will defend,
the title to all the aforesaid lands, buildings, and facilities,
and every part thereof, for the benefit of the holders and owners
of the Bonds and Additional Bonds against the claims and demands
of all persons whomsoever, that it is lawfully qualified to
pledge the Pledged Revenues to the payment of the Bonds and Addi
tional Bonds in the manner prescribed herein, and has lawfully
exercised such rights.
(d) It will from time to time and before the same be
come delinquent pay and discharge all taxes, assessments, and
governmental charges, if any, which shall be lawfully imposed^
upon it, or the campuses, buildings, and facilities of the Uni
versity, including the Liberal Arts Building, that it will pay
all lawful claims for rents, royalties, labor, materials, and
supplies which if unpaid might by law become alien or charge
thereon, the lien of which would be prior to or interfere with
the liens hereof, so that the priority of the liens granted here-under
shall be fully preserved in the manner provided herein, and
that it will not create or suffer to be created any mechanic s,
laborer's, materialman's or other lien or charge which might or
could be prior to the liens hereof, or do or suffer any matter or
thing whereby the liens hereof might or could be impaired; pro
vided, however, that no such tax, assessment, or charge, and that
no such claims which might be used as the basis of a mechanic s,
laborer's, materialman's or other lien or charge, shall be re
quired to be paid so long as the validity of the same shall be
contested in good faith by the Board.
(e) That it will continuously and efficiently operate
and maintain in good condition, and at a reasonable cost, the
University and the facilities and services thereof, including the
Liberal Arts Building, so long as any Bonds or Additional Bonds
are outstanding.
(f) That while the Bonds or any Additional Bonds are
outstanding and unpaid, the Board shall not additionally encum
ber the Liberal Arts Building or the Pledged Revenues in any man
ner except as permitted in this Resolution in connection with
Additional Bonds, unless said encumbrance is made junior and sub
ordinate in all respects to the liens, pledges, covenants, and
agreements of this Resolution.
22--W
31
(g) Proper books of record and account will be kept
in which full, true, and correct entries will be made of all
dealings, activities, and transactions relating to the Pledged
Revenues, and all books, documents, and vouchers relating there
to shall at all reasonable times be made available for xnspection
upon request of any bond holder.
(h) That each year while any of the Bonds or Addition
al Bonds are outstanding, an audit will be made of its books and
accounts relating to the Pledged Revenues by the State Auditor
of the State of Texas, or any certified public accountant, such
audit to be based on the fiscal year of the University. As soon
as practicable after the close of each such fiscal year, and when
said audit has been completed and made available to the Board, a
copy of such audit for the preceding fiscal year shall be mailed
to all bondholders who shall so request in writing.
(i) That as long as the Bonds or Additional Bonds are
outstanding, no bonds of superior or prior lien to the lien here
of, as defined in the Pledged Revenues, shall be issued and no
hoAds shall be authorized pursuant to the provisions for Addi-tiSnll
Bonds as permitted by Section 17 of the Bond Resolution
that authorized the Bonds of 1968 and as permitted by Section 17
of the Bond Resolution that authorized the Bonds of 1970.
(j) That at all times after the Bonds of 1968 and Bonds
of 1970 are retired or any bonds issued to refund same are retired,
and the insurance covenants of those Bond Resolutions have lapsed,
the Board shall procure boiler explosion insurance on all boilers
servicing the Liberal Arts Building in an amount not less than
$50,000 against loss suffered by reason of a boiler explosion.
Further, at all times hereafter the Board shall procure fire and
extended coverage insurance on the Liberal Arts Building. The
foregoing boiler explosion and fire and extended coverage insur
ance shall be maintained so long as Bonds or Additional Bonds are
outstanding and such fire and extended coverage insurance shall
be in amounts at least sufficient to provide for full recovery to
the extent that the damage does not exceed 80% of full insurable
value. Such insurance shall be carried with a reliable insurance
company or companies. In lieu of providing fire and extended
coverage insurance as required above, the Board may, at its option,
provide the equivalent of such insurance under any general College-wide
Fire and Extended Coverage Insurance policy, sitbject to a
deductible provision which is reasonable in amount, provided the
Board establishes and maintains a special account containing funds
which are at least sufficient to offset said deductible amount
and which are immediately available for such purpose. Upon the
happening of any loss or damage covered by such insurance from
one or more of said causes, the Board shall make due proof of
loss and shall do all things necessary or desirable to cause the
insuring companies to make payment in full directly to the Board.
22-31
The proceeds of insurance covering such property, together with
any other funds necessary and available for such purpose, shall
be used forthwith by the Board for repairing the property damaged
or replacing the property destroyed; provided, however, that if
said insurance proceeds and other funds are insufficient for such
purpose, then said insurance proceeds shall be used promptly as
follows:
(1) for the redemption prior to maturity of the Bonds
and any Additional Bonds, ratably in the proportion that the
outstanding principal of each Series or issue of Bonds or
Additional Bonds bears to the total outstanding principal of
all Bonds and Additional Bonds; provided that if on any such
occasion the principal of any such Series or issue is not
subject to redemption, it shall not be regarded as outstand
ing in making the foregoing computation; or
(2) if none of the outstanding Bonds or Additional
Bonds is subject to redemption, then for the purchase on
the open market and retirement of said Bonds and Additional
Bonds, in the same proportion as prescribed in the fore
going clause (1), to the extent practicable; provided that
the purchase price for any such Bond or Additional Bond
shall not exceed the redemption price of such Bond or Addi
tional Bond on the first date upon which it becomses subject
to redemption; or
(3) to the extent that the foregoing clauses (1) and
(2) cannot be complied with at the time, the insurance pro
ceeds, or the remainder thereof, shall be deposited in a
special and separate trust fund, at an official depository
of the Board, to be designated the Insurance Account. The
Insurance Account shall be held until such time as the fore
going clauses (1) and/or (2) can be complied with, or until
other funds become available which, together with the Insur
ance Account, will be sufficient to make the repairs or re
placements originally required, whichever of said events
occurs first.
(k) At all times when the Reserve Fund does not con
tain the maximum aggregate amount required to be on deposit there
in, the Board shall procure and maintain use and occupancy insur
ance on all the facilities, buildings, and structures of the
Liberal Arts Building, to the extent obtainable, in an amount
sufficient to enable the Board to deposit into the Interest and
Sinking Fund and the Reserve Fund, out of the proceeds of such
insurance, an amount equal to the sums that are required to be
deposited into said Funds from the Pledged Revenues during the
time the Liberal Arts Building is wholly or partially unusable,
as a result of loss of use or occupancy caused by the perils
covered by f5.re and extended coverage insurance.
22-32
33
(1) That the cost of such insurance may be paid from sur
plus monies in the Revenue Fund, or any other monies available
from lawful sources, after the deposits required by this Resolu
tion have been made.
(m) That the Board covenants to and with the purchasers
of the bonds that it will make no use of the proceeds of the bonds
at any time throughout the term of this issue of bonds which, if
such use had been reasonably expected on the date of delivery of
the bonds to and payment for the bonds by the purchasers, would
have caused the bonds to be artbitrage bonds within the meaning
of Section 103(d) of the Internal Revenue Code of 1954, as amend
ed, or any regulations or rulings pertaining thereto; and by this
covenant the Board is obligated to comply with the requirements
of the aforesaid Section 103(d) and all applicable and pertinent
Department of the Treasury regulations relating to arbitrage bonds
The Board further covenants that the proceeds of the bonds will
not otherwise be used directly or indirectly so as to cause all
or any part of the bonds to be or become arbitrage bonds within
the meaning of the aforesaid Section 103(d), or any regulations
or rulings pertaining thereto.
Section 24. That the Chairman of the Board is hereby
authorized to have control of the Bonds and all necessary records
and proceedings pertaining to the Bonds pending their delivery
and their investigation, examination, and approval by the Attorn
ey General of the State of Texas, and their registration by the
Comptroller of Public Accounts of the State of Texas. Upon reg
istration of the bonds, said Comptroller of Public Accounts (or
a deputy designated in writing to act for said Comptroller) shall
manually sign the Comptroller's Registration Certificate printed
and endorsed on each of the Bonds, and the seal of said Comp
troller shall be impressed, or placed in facsimile, on each of
the Bonds,
Section 25. That it is hereby officially found and
determined: that a case of emergency or urgent public necessity
exists which requires the holding of the meeting at which this
Resolution is adopted, such emergency or urgent public necessity
being that the proceeds from the sale of said Bonds are required
as soon as possible and without delay for necessary and urgently
needed public improvements; and that said meeting was open to the
public, and public notice of the time, place, and purpose of said
meeting was given, all as required by Vernon's Ann. Civ. St.
Article 6252-17.
Section 26. .That said Bonds are^hereby sold and shall
be delivered to /Ac uns^sctf-n '?/a.f/(.~uaC- f~Y<^J>,<*fLU.<.-tlit.., >
for cash for the par value thereof and accrued interest thereon
to date of delivery, plus a premium of $ — ^-'
21-J13- —
74-31
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the bond resolution for the
issuance and sale of Board of Regents of Stephen F. Austin State
University State Ad Valorem Tax Bonds Series 1974 in the amount of
$695,000 for an effective interest rate of 4.15682% to the First
National Bank of Dallas and the Fort Worth National Bank^of Fort Worth
be approved and that the Chairman of the Board be authorized to
sign the resolution and accompanying documents as prepared by Messrs.
McCall, Parkhurst and Horton, as follows:
22-34
35
CERTIFICATE FOR
A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY STATE AD VALOREM TAX BONDS
SERIES 1974. $695,000
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
We, the undersigned officers of the Board of Regents of
Stephen F. Austin State University, hereby certify as follows:
1. That the Board of Regents of said University con
vened in SPECIAL MEETING ON THE ^lST DAY OF JANUARY, 1974, at the
regular designated meeting place, and the roll was called of the
duly constituted officers and members of said Board of Regents,
to-wit:
R. E. McGee, Chairman Glenn Justice
Joe Bob Golden, Vice Chairman Ernest Powers
James I. Perkins ' Mrs. George Cullum, Jr.
Robert C. Gray Walter C. Todd
Mrs. Tom Wright Charles G. Haas, Secretary
and all of said persons were present, except the following
absentees: '^c*-^^-^^- .* *=pi- **-^ri- ^Sgt-<t-^--^-<--g--<—y
thus constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written
RESOLUTION AUTHORIZING THE ISSUANCE OF STATE AD VALOREM TAX BONDS
was duly introduced for the consideration of said Board and read
in full. It was then duly moved and seconded that said Resolu
tion be passed; and, after due discussion, said motion, carrying
with it the passage of said Resolution, prevailed and carried by
the following vote:
AYES: All members of said Board shown
present above voted "Aye".
NOES: None
2. That a true, full, and correct copy of the afore
said Resolution passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certificate;
that said Resolution has been duly recorded in said Board s min
utes of said Meeting; that the above and foregoing paragraph is
a true, full, and correct excerpt from said Board s minutes of
22-35
36
said Meeting pertaining to the passage of said Resolution, that
the persons named in the above and foregoing paragraph are the
duly chosen, qualified, and acting officers and members of said
Board as indicated therein; that each of the officers and members
of said Board was duly and sufficiently notified officially and
personally, in advance, of the time, place, and purpose of the
aforesaid Meeting, and that said Resolution would be introduced
and considered for passage at said Meeting, and each of said
officers and members consented, in advance, to the holding of
said Meeting for such purpose; and that said Meeting was open to
the public, and public notice of the time, place, and purpose of
said meeting was given, all as required by Vernon!s Ann♦ Civ. St.
Article 6252-17,
3. That the Chairman of the Board of Regents has
approved, and hereby approves, the aforesaid Resolution; that
the Chairman and Secretary of said Board of Regents have duly
signed said Resolution; and that the Chairman and Secretary of
said Board of Regents hereby declare that their signing of this
Certificate shall constitute their signing of the attached and
following copy of said Resolution for all purposes,
SIGNED AND SEALED this the 31st day of January, 1974.
•' 7???. '
Secretary, Board of Regents Chairman, Board of Regents
Stephen F, Austin State Stephen F. Austin State
University University
(SEAL)
22-36
37
RESOLUTION
BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE
UNIVERSITY AUTHORIZING THE ISSUANCE OF ITS BOARD OF
REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY STATE
AD VALOREM TAX BONDS, SERIES 1974, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $695,000, BEARING INTEREST AS
HEREINAFTER SET FORTH AND MATURING AS HEREINAFTER
PRESCRIBED, TO PROVIDE FUNDS FOR THE PURPOSE OF AC
QUIRING, CONSTRUCTING AND INITIALLY EQUIPPING BUILD
INGS AND OTHER PERMANENT IMPROVEMENTS AT STEPHEN F9
AUSTIN STATE UNIVERSITY, PRESCRIBING THE FORM OF
THE BONDS, PLEDGING TO THE PAYMENT OF THE INTEREST
AND PRINCIPAL THEREOF THAT PART OF THE MONEY ALLO
CATED TO SUCH INSTITUTION FROM THE CONTINUING TAX
LEVIED BY THE CONSTITUTION UNDER ARTICLE VII, SEC
TION 17, AS AMENDED, PROVIDING FOR THE EXECUTION AND
DELIVERY OF SAID BONDS AND PRESCRIBING THE DUTIES OF
THE OFFICERS OF SAID BOARD AND OF THE STATE IN REF
ERENCE THERETO, AND MAKING CERTAIN COVENANTS WITH
RESPECT TO SECURING PAYMENT OF SAID BONDS AND INTER
EST.
WHEREAS, by adoption at the general election held in
the State of Texas on November 2, 1965, Section 17 of Article
VII of the Constitution of Texas was amended as a whole (herein
after sometimes called the "Constitutional Provision"); and
WHEREAS, the Constitutional Provision is self-enacting
and has continued an ad valorem tax on all of the taxable pro
perty in the State of Texas at an increased rate of Ten (10$)
Cents on the $100.00 valuation, and authorizes the proceeds of
the tax to be pledged to pay the principal of and interest on
the bonds issued pursuant thereto; and
WHEREAS, such tax levy became effective as of January 1
1966, and will remain effective for taxes which have and will be-
22-37
38
come due and payable in each year for a twelve year period begin
ning January 1, 1966, and for each successive ten year period
thereafter; and
WHEREAS, the Constitutional Provision provides for an
allocation of proceeds of such tax for the twelve year period
commencing January 1, 1966, among the seventeen designated
state supported institutions of higher learning (hereinafter
sometimes called "Eligible Institutions") and has authorized
the governing board of each of the Eligible Institutions to
pledge any part of the fund allocated to it to pay the principal
of and interest on bonds; and
WHEREAS, the Constitutional Provision requires the
Comptroller of Public Accounts of the State of Texas to make
the allocation of the funds to the Eligible Institutions to be
raised by such tax for the twelve year period beginning
January 1, 1966, 85% of such funds to be allocated on June 1,
1966; and 15% to be allocated on June 1, 1972; and
WHEREAS, the Constitutional Provision requires that
the Comptroller of Public Accounts of the State of Texas (the
Comptroller) make the June 1, 1966 allocation (85%) based on
the following determinations:
22-38
"(1) Ninety per cent (90%) of the funds allocated
on June 1, 1966, shall be allocated to state institutions
based on projected enrollment increases published by the
Coordinating Board, Texas College and University System
for fall 1966 to fall 1978;
"(2) Ten per cent (10%) of the funds allocated on
June 1, 1966 shall be allocated to certain of the eligible
state institutions based on the number of additional square
feet needed in education and general facilities by such
eligible state institution to meet the average square feet
per full time equivalent student of all state senior
institutions (currently numbering twenty-two);"
and
WHEREAS, the Constitutional Provision requires that
the Comptroller make the June 1, 1972 allocation (15%) based on
the following determinations:
"All of the funds allocated on June 1, 1972, shall
be allocated to certain of the eligible state institutions
based on determinations used in the June 1, 1966, alloca
tions except that the allocation of fifty per cent (50%)
of the funds allocated on June 1, 1972, shall be based
on projected enrollment increases for fall 1972 to fall
1978, and fifty per cent (50%) of such funds allocated on
June 1, 1972, shall be based on the need for additional
square feet of educational and general facilities;"
and 22-39
40
WHEREAS, such determinations have been made by the
Coordinating Board; and
WHEREAS, the Comptroller has made both the June 1,
1966, and June 1, 1972 allocations as required by the Consti
tutional Provision; and
WHEREAS, of the total funds thus allocated, Stephen F.
Austin State University (herein defined and referred to as the
"University") is to receive 4.48300% from the June 1, 1966,
allocation, and 12.72203% from the June 1, 1972, allocation;
and
WHEREAS, the assessed valuation of property in the
State of Texas (less homestead exemptions) subject to such levy
in accordance with the approved tax rolls, together with the
Comptroller's official estimates of valuations for each year
of the twelve year period, and the figures representing the
June 1, 1966 allocation among the Eligible Institutions afford
a basis for estimating the amount of money to be received by
the University under such tax levy for each of the years of the
said twelve year period; and
WHEREAS, the Board of Regents of Stephen F. Austin
State University has heretofore issued its Universities of the
State of Texas State Ad Valorem Tax Bonds, Series 1972 - Ste
phen F. Austin State University in the aggregate principal
amount of $3,485,000 (hereinafter referred to as "Series 1972
Bonds") and Universities of the State of Texas State Ad Valorem
22-40
41
Tax Bonds, Series 1972-A - Stephen F. Austin State University
in the aggregate principal amount of $1,745,000 (hereinafter
referred to as "Series 1972-A Bonds"), payable from such alloca
tions, and $3,040,000 of said Series 1972 bonds and $1,525,000 of
such Series 1972-A bonds remain outstanding and unpaid; and
WHEREAS, the resolutions authorizing the said Series
1972 Bonds and Series 1972-A Bonds permit the issuance of addi
tional bonds payable from said allocations; and
WHEREAS, it has been and is hereby determined to be
to the best interest of the University that the bonds herein
authorized payable from its allocated fund be issued at this
time and that action necessary for the issuance thereof be
taken by this Board;
BE IT RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F.
AUSTIN STATE UNIVERSITY:
1. The Bonds. That in order to provide funds for
the purpose of acquiring, constructing and initially equipping
buildings and other permanent improvements at Stephen F. Austin
State University, bonds are hereby authorized to be issued known
as "Board of Regents of Stephen F. Austin State University State
Ad Valorem Tax Bonds, Series 1974," in the aggregate principal
amount of Six Hundred and Ninety-Five Thousand Dollars ($695,000)
in the denomination of in the denomination of Five Thousand
Dollars ($5,000) each, and numbered from One (1) through One
Hundred and Thirty Nine (139) (hereinafter referred to as the
"Bonds"). 22-41
42
2* Parity, That the Bonds are issued as Additional
Bonds as permitted in the resolutions authorizing the Series 1972
Bonds and Series 1972-A Bonds, and shall be in all respects on a
parity with the said Series 1972 Bonds and Series 1972-A Bonds.
That no one of the Bonds shall be entitled to priority over any
other Bond of this issue in the application of the money in the
allocated fund which has been pledged to the payment of the prin
cipal of and interest on the Bonds, irrespective of the fact that
some of the Bonds may be delivered prior to the delivery of other
Bonds, it being the intent of this resolution that all Bonds of
this issue shall rank equally.
3. Date of Bonds; Maturity Schedule. That the Bonds
shall be dated March 1, 1974, and shall become due and payable
on September 1 in each of the years and in the amounts as follows:
YEARS AMOUNTS
1974 $115,000
1975 115,000
1976 135,000
1977 160,000
1978 170,000
4. Interest Rates. That the Bonds shall bear
interest at the following rates:
all bonds scheduled to mature during
the year 1974 5.50% per annum;
all bonds scheduled to mature during
the year 1975 5.25% per annum;
all bonds scheduled to mature during
the year 1976 through 1978 4.00% per annum;
22-42
43
with said interest to be evidenced by interest coupons payable
September 1, 1974, and semi-annually thereafter on each March 1
and September 1.
5. Banks of Payment. That the principal of and the
interest on the Bonds shall be payable, without exchange or
collection charges to the owner or holder thereof, at
First Bank & Trust, Lufkin, Texas (hereinafter called the
"Principal Bank of Payment"), or, at the option of the holder,
at Marine Midland Bank, New York, New York (herein collectively
called "Banks of Payment"), in lawful money of the United States
of America upon surrender of proper Bond or coupon.
6. Execution of Bonds and Coupons. That each of
said Bonds and interest coupons shall be signed by the
imprinted or lithographed facsimile signature of the Presiding
Officer and countersigned by the imprinted or lithographed
facsimile signature of the Secretary of the Board, and the
official seal of said Board shall be impressed, printed or
lithographed on each of said bonds.
7. Negotiability. That nothing contained in the
Bonds or in this resolution shall affect or impair the negoti
ability of the Bonds or the coupons thereto appertaining, and
said Bonds and coupons shall constitute negotiable instruments
within the meaning of the Uniform Commercial Code of the
State of Texas.
22-43
44
8. Form of Bonds. That the form of the Bonds shall
be substantially as follows:
NO. $5'000
UNITED STATES OF AMERICA
STATE OF TEXAS
BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY
STATE AD VALOREM TAX BOND
SERIES 1974
For value received the Board of Regents of Stephen F.
Austin State University (hereinafter sometimes called the "Board")
an agency of the State of Texas, hereby acknowledges itself in
debted to and promises to pay out of the proceeds of the ad
valorem tax herein described to the bearer, on the 1st day of
September, 19 , the sum of
FIVE THOUSAND DOLLARS
with interest thereon from the date hereof at the rate of
( %) per cent per annum, until the principal amount of this
bond shall have been paid, payable September 1, 1974, and semi-annually
thereafter on March 1 and September 1 of each year.
Both principal and interest shall be payable in lawful money of
the United States of America upon presentation and surrender of
proper bond or coupon at the First Bank & Trust, Lufkin, Texas,
or, at the option of the holder at Marine Midland Bank, New York,
New York, without exchange or collection charges to the owner or
the holder thereof.
22-44
45
This bond is one of a series of bonds (hereinafter
sometimes called the "Bonds") of like tenor and effect except
as to number, maturity and interest rate, numbered from One (1)
through One Hundred and Thirty-Nine (139) aggregating Six Hundred
and Ninety-Five Thousand Dollars ($695,000), issued for the purpose
of acquiring, constructing and initially equipping buildings and
other permanent improvements at Stephen F. Austin State University,
in accordance with the provisions of Section 17, of Article VII,
as amended, of the Constitution of Texas, and pursuant to the
resolution authorizing the issuance of the series of Bonds of
which this is one, adopted by the Board of Regents of Stephen F.
Austin State University, duly of record in the minutes of said Board
(herein called the "Resolution").
The date of this Bond in conformity with the Resolution
is March 1, 1974.
The Bonds of which this is one together with Universities
of the State of Texas State Ad Valorem Tax Bonds, Series 1972 -
Stephen F. Austin State University, dated May 1, 1972, and Univer
sities of the State of Texas State Ad Valorem Tax Bonds, Series
1972-A - Stephen F. Austin State University, dated July 1, 1972,
are secured by a pledge of that part allocated to Stephen F. Austin
State University of the proceeds of a continuing tax on all of
the taxable property in the State levied by Section 17 of Article
22-45
46
VII of the Constitution, as amended on November 2, 1965, accumulated
and held in the State Treasury to be used solely to pay the principal
of and interest on the Bonds, and additional parity bonds herein
mentioned. The levy of such tax supporting the Bonds and the pledge
thereof will remain effective so long as any of the Bonds is out
standing and unpaid.
The Board reserves the right to issue additional parity
bonds under the terms and conditions stated in the Resolution
authorizing this Bond and the series of which it is a part, and
said Bonds may be made payable from the same source, secured in
the same manner and placed on a parity with the Series 1972 Bonds,
Series 1972-A Bonds, and this Bond and the series of which it is
a part.
Each successive holder of this Bond, and each successive
holder of each of the coupons hereto attached, is conclusively
presumed to forego and renounce his equities in favor of raf se
quent holders for value without notice, and to agree that thic
Bond and each of the coupons hereto attached, may be negotiated
by delivery by any person having possession thereof, howsoever
such possession may have been acquired, and that any holder who
shall have taken this Bond or any of the coupons from any person
for value without notice, thereby has acquired absolute title
thereto, free from any defenses enforceable against any prior
holder and free from all equities and claims of ownership of
any such prior holder. The Board and the Banks of Payment shall
not be affected by any notice to the contrary.
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IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required to be done precedent to and in
the issuance of this Bond and the series of which it is a part
have been properly done, have happened and been performed in
regular and due time, form and manner as required by the
Constitution and laws of the State of Texas, and the proceedings
hereinabove mentioned, and that this isnue of Bonds does not
exceed any constitutional or statutory limitations and that
provision has been made for the payment of the principal of and
interest on this Bond and the series of which it is a part by
irrevocably pledging the allocated proceeds of the continuing
ad valorem tax hereinabove mentioned.
IN WITNESS WHEREOF, the Board of Regents of Stephen F.
Austin State University has caused the official seal of said Board
to be impressed, printed or lithographed hereon and has caused
this Bond and the interest coupons attached hereto to be executed
by the imprinted facsimile signature of the Chairman of the Board
and the Secretary of the Board.
BOARD OF REGENTS OF STEPHEN F. AUSTIN
STATE UNIVERSITY
By.
Chairman
ATTEST:
Secretary
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9, Form of Coupon,. That the form of coupon for the
Bonds shall be substantially as follows:
N00 __ ' $
On the day of , 19_> the Board of
Regents of Stephen F. Austin State University, promises to pay
to bearer without exchange or collection charges to the owner or
holder hereof, out of the allocated proceeds of the ad valorem
tax described in the Bond to which this coupon is attached the
sum of ($ ) Dollars in lawful money of the
United States of America at the First Bank & Trust, Lufkin, Texas,
or, at the option of the holder at Marine Midland Bank, New York,
New York, being the interest then due on its Board of Regents of
Stephen F. Austin State University State Ad Valorem Tax Bond,
State Ad Valorem Tax Bond, Series 1974, dated March 1, 1974.
NO.
Secretary Chairman
10. Comptroller's Certificate. That the form of
Comptroller's Certificate which shall be printed on the back of
each of the Bonds shall be substantially as follows:
OFFICE OF COMPTROLLER :
REGISTER N0._
STATE OF TEXAS :
I HEREBY CERTIFY that there is on file and of record
in my office a certificate of the Attorney General of the State
of Texas to the effect that this Bond has been examined by him
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as required by Section 17 of Article VII of the Constitution,
as amended, and that he finds that it has been issued in con
formity with the Constitution and laws of the State of Texas
and that it is a valid and binding obligation payable from the
proceeds of the State ad valorem tax pledged to its payment by
and in the Resolution of said Board of Regents of Stephen F. Austin
State University, an educational institution belonging to the State
of Texas duly constituted under authority of law authorizing same
and said Bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas.
Comptroller of Public Accounts of
the State of Texas.
(SEAL)
11. Definitions. That throughout this Resolution,
in the bond form prescribed herein and in the Bonds authorized
hereby, the following terms and expressions as used herein shall
have the meanings set forth, to-wit:
The term nAdditional Bonds11 shall refer to the addi-tional
parity bonds that are permitted to be issued by Section
12;
The term "Board" shall refer to the Board of
Regents of Stephen F. Austin State University;
The term "Bonds" shall refer to the bonds authorized
to be issued under the provisions of this resolution;
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The term "Comptroller" shall refer to the Comptroller
of Public Accounts of the State of Texas;
The term "Constitutional Provision" shall mean
Article VII, Section 17 of the Constitution of Texas as amended
November 2, 1965;
The term "Eligible Institutions" shall mean the
seventeen state supported institutions of higher learning
designated as those institutions to receive allocated proceeds
from the tax levied by the Constitutional Provision;
The term "Interest and Sinking Fund" shall mean the
fund established for the University in the State Treasury and
further described in Section 13 hereof;
The term "Presiding Officer" shall mean the officer
designated by law to preside over the Board;
The term "Resolution" shall mean this resolution
authorizing the Bonds;
The term "Series 1972 Bonds" shall refer to Univer
sities of the State of Texas State Ad Valorem Tax Bonds, Series
1972 - Stephen F. Austin State University, dated May 1, 1972;
The term "Series 1972-A Bonds" shall refer to Univer
sities of the State of Texas State Ad Valorem Tax Bonds, Series
1972-A - Stephen F. Austin State University, dated July 1, 1972;
The term "University" shall refer to Stephen F. Austin
State University.
12. Findings, Pledge of Payment, Additional Bonds.
That official recognition is hereby given to these facts:
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(a) That Section 17 of Article VII of the Constitution,
as amended in 1965 (the "Constitutional Provision") has levied a
continuing ad valorem tax on all taxable property in the State
of Texas, at the rate of Ten (10c) Cents on the One Hundred
Dollars ($100.00) of valuation;
(b) That such tax has been effective since January 1,
1966 and will remain effective so long as any of the Bonds is
outstanding and unpaid;
(c) That as and when the proceeds from such tax levy
are received by the Comptroller the net amounts realized there
from (including the portion thereof allocated to the University)
are deposited in the State Treasury to be held for the purposes
set forth in the Constitutional Provision;
(d) That the Comptroller on. June 1, 1966 allocated
among the Eligible Institutions 85% of the said tax to be re
ceived for the twelve year period beginning January 1, 1966,
and on June 1, 1972 allocated among the Eligible Institutions
the remaining 15% of the said tax for the said twelve year
period, all in accordance with the Constitutional Provision;
(e) That it is the duty of the Comptroller to draw
all necessary and proper warrants upon the State Treasury to
effectuate the pledge of such money made in this Resolution
and to facilitate payment of the Bonds, the Additional Bonds
and the interest thereon; and
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(f) That while such tax will remain effective so
long as any of the Bonds or the Additional Bonds is outstand
ing and unpaid, the Board must arrange the installment maturities
of the Bonds and the Additional Bonds and make its pledge of
the taxes allocated to the Institution so that the Bonds and
Additional Bonds will be actually retired out of taxes collected
from assessments made during the twelve year period beginning
January 1, 1966.
Accordingly, the Board irrevocably pledges to the
payment of the principal of and interest on the Series 1972
Bonds, the Series 1972-A Bonds, and the Bonds the following:
(1) All of the money now in the State Treasury to the
credit of the University, realized from the collection of
the continuing tax levied by the Constitutional Provision;
(2) All of the proceeds from such continuing tax
to which it is entitled levied for each of the years 1966
to 1977, both inclusive, and allocated June 1, 1966, and
June 1, 1972, by the Comptroller, which tax according to
law becomes due on October 1 of each of said years;
(3) In the event that any of the Bonds or any
interest thereon remains outstanding and unpaid on the
date the last of the Bonds is scheduled to mature, and
in the event the Interest and Sinking Fund shall then
contain insufficient money to pay all of such principal
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and interest and the expense incidental to the making of
such payments, to the extent of such deficiency, the
proceeds from such continuing tax to which the University
may be entitled under the allocations made by the
Comptroller on June 1, 1966 and June 1, 1972 or addi
tional allocations or reallocation arrangements then in
effect are pledged and such pledge shall remain effective
until the Bonds shall have been paid in full with interest
thereon; but when full provision shall have been made for
the final payment of the Bonds by depositing money suffi
cient for the purpose in the Interest and Sinking Fund,
the obligation under this sub-section (2) will have been
fully satisfied and the pledge will have been released;
and
(4) The money pledged to the payment of the Bonds
shall be used solely to pay the principal of and interest
on the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds
and to defray the expense incident to such payments so long
as any of such bonds or interest thereon is outstanding and
unpaid. After full provision shall have been made by accumu
lating in the Interest and Sinking Fund sufficient money to
pay all of such Bonds and interest calculated thereon
to maturity, the Board reserves the right to use money
in excess thereof for such purposes as may be permitted
under the Constitutional Provision.
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Provided, however, the Board reserves and shall have the right
and power to issue pursuant to the Constitutional Provision
additional parity bonds in one or more series (herein defined as
"Additional Bonds"), which Additional Bonds, when issued, shall
be secured by and payable from the Ten (10<?) Cent tax levied by
the Constitutional Provision for the twelve year period begin
ning' January 1, 1966, and allocated to the University, in the
same manner and to the same extent as the Series 1972 Bonds,
Series 1972-A Bonds, and the Bonds, and the Additional Bonds per
mitted by this Section 12, when issued, shall be in all respects
of equal dignity and on a parity with the Series 1972 Bonds,
Series 1972-A Bonds, and the Bonds whether payable in whole or in
part from the allocations made by the Comptroller on June 1, 1966,
and on June 1, 1972. Provided, further, that Additional Bonds
will not be issued in an aggregate principal amount that will
cause the total amount required for the payment of the principal
of and interest on the Series 1972 Bonds, Series 1972-A Bonds, and
the Bonds and Additional Bonds in any year to be more than 85%
of the amount of such taxes allocated to the University and offici
ally estimated by the Comptroller of Public Accounts to be collec
ted in such year for the credit of the Interest and Sinking Fund.
13. Interest and Sinking Fund. That (a) the
Treasurer of the State of Texas has established in the State
Treasury a fund known as Constitutional Tax Bonds Interest and
Sinking Fund (herein defined and referred to as the "Interest
and Sinking Fund") ; 22-54
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(b) As received into the State Treasury the said
allocated money of the University shall be credited to the
Interest and Sinking Fund in the manner and to be held in
accordance with the pledge contained in Section 12 hereof.
14. Procedure for Remitting to Banks of Payment.
That
(a) In accordance with the requirements of the
Constitutional Provision that "The State Comptroller of Public
Accounts shall draw all necessary and proper warrants upon the
State Treasury, in order to carry out the purpose of this
amendment," to the end that money will be available at the
Banks of Payment in ample time to pay the principal of and
interest on the Bonds, as such principal and interest, respec
tively, matures and comes due, the Comptroller of Public
Accounts of the State of Texas, on or before August 15, 1974,
and on or before February 15 and August 15 of each year while
any of the Bonds is outstanding and unpaid, shall draw a
warrant against the Interest and Sinking Fund in the amount of
the interest or interest and principal (when both are scheduled
* to mature) which will become due on the September 1 or March 1
next following. The amount of each such warrant shall be
increased by the amount of the charges of the Banks of Payment
for making payment of the Bonds or coupons or both Bonds and
coupons scheduled to mature in each such instance. Within
the discretion of the Comptroller of Public Accounts he may
draw a separate warrant for the payment of such charges;
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(b) Each such warrant shall be made payable to the order
of the Principal Bank of Payment specified in Section 5 above,
and the Comptroller of Public Accounts shall deliver such
warrant to the payee Bank;
(c) The Principal Bank of Payment shall,
out of moneys remitted to it under the provisions of this
Section 14, and not otherwise, make available at the other Bank
of Payment specified in Section 5 hereof, funds sufficient to
pay such of the Bonds, and such of the coupons as are presented
for payment at such bank and the Principal Bank of Payment. The
Principal Bank of Payment agrees and is obligated to perform
such service.
15. Enforcement of Rights of Bondholders. That all
rights available to the holders of the Bonds under the Constitu
tion and laws of the State, by suit for mandamus or otherwise,
to compel the performance of their official duties by the
Board, its officers, the officers of counties, or the officers
of the State to the end that the principal of and interest on
the Bonds may be timely paid, are hereby recognized and reserved
to and for the holders of the Bonds and of the appurtenant
coupons.
16. Arbitrage Provisions. That the Board covenants
to and with the purchasers of the Bonds that it will make no use
of the proceeds of the Bonds at any time throughout the term of
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this issue of Bonds which, if such use had been reasonably-expected
on the date of delivery of the Bonds to and payment
for the Bonds by the purchasers, would have caused the Bonds to
be arbitrage bonds within the meaning of Section 103(d) of the
Internal Revenue Code of 1954, as amended, or any regulations or
rulings pertaining thereto; and by this covenant the Board is
obligated to comply with the requirements of the aforesaid
Section 103(d) and all applicable and pertinent Department of
the Treasury regulations relating to arbitrage bonds. The Board
further covenants that the proceeds of the Bonds will not
otherwise be used directly or indirectly so as to cause all or
any part of the Bonds to be or become arbitrage bonds within
the meaning of the aforesaid Section 103(d), or any regulations
or rulings pertaining thereto.
17. Confirmation and Sale of Bonds« That the
sale of the Bonds at public sale to First National Bank in
Dallas and Fort Worth National Bank, at a price of par and
accrued interest to date of delivery, plus a premium of
$50.75 be and the same is hereby made and confirmed.
18. Custody and Delivery of Bonds, That the
Presiding Officer or his designee is hereby authorized to have
control of the Bonds and all necessary records and proceedings
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pertaining ta the Bonds pending their delivery and the investiga
tion, examination and approval by the Attorney General of the
State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of
the Bonds, said Comptroller of Public Accounts (or a deputy
designated in writing to act for said Comptroller) shall
manually sign the Comptroller's Registration Certificate printed
and endorsed on each of the Bonds, and the seal of said Comp
troller shall be impressed, or placed in facsimile, on each of
the Bonds.
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74-32
Upon motion of Regent Powers, seconded by Regent Wright, with all
Regents voting aye, it was ordered that the University be authorized
(1) to use the proceeds of the Ad Valorem Tax Bonds Series 1974 in
the amount of $695,000 to make partial payment for the construction
cost of the School of Business and the School of Education Buildings,
and (2) to use an equal amount of General Fee Bonds Series 1973
proceeds (previously designated for those buildings) for other pro-jects
as may be designated by the Board.
74-33
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the contract with Kent,
Marsellos § Scott for the design and supervision of the conversion
of Doraiitory 19 to apartments be approved and that the Chairman of
the Board be authorized to sign the contract, as follows:
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CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Thirty First day of January in
the year Nineteen Hundred and Seventy Four and between the BOARD OF
REGENTS STEPHEN F . AUSTIN STATE UNIVERSITY, NACOGDOCHES ,
TEXAS acting herein by and through its President, hereinafter called the
Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS,
Lufkin, Texas, hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus
of Stephen F. Austin State University, Nacogdoches, Texas, DORMITORY 19
CONVERSION, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Par
agraph 1.1; Ten and One Quarter Per Cent (10.25%) of the
project construction cost; hereinafter referred to as
the Basic Rate, and such other payments and reimbursements
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as may hereinafter be provided, but all such payments and every
payment herein provided shall be from Proceeds of General
Fee Bonds and other funds available to the Owner for expendi
ture for the use of Stephen F . Austin State University.
b) For the Architects Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees, and con
sultants time as agreed upon between the Owner and the
Architect ♦
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms and
Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engineer
ing services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting of draw
ings and other documents illustrating the scale and relationship of
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Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Docu
ments consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to structural, mechani
cal and electrical systems, materials and such other essentials as
may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire
project including the necessary bidding information, and shall assist in
the preparation of bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in
requirements or general market conditions.
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1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction Docu
ments and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in
awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is
issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of
AIA Document A201, General Conditions of the Contract for Construction,
and the extent of his duties and responsibilities and the limitations of
his authority as assigned thereunder shall not be modified without his
written consent.
1.1.12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing .
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1.1.13 The Architect shall at all times have access to the Work wherever it
is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with the
Contract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not
be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. The Architect shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, and he shall not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the
Contractor and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architects observations
at the site as provided in Subparagraph 1.1.14 and on the data comprising
the Application for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowledge, information
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and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to
any specified qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for
what purpose the Contractor has used the moneys paid on account of the
Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the
requirements of the Contract Documents and the impartial judge of the
performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating to
the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1.1.17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the pro-
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visions of the Contract Documents whether or not such Work be then
fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples and
other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors' agents or employees, or any other persons performing
any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the Owner
and Architect agree, the Architect shall provide one or more Full-Time
Project Representative to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated therefor
as mutually agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
"1" 22-67
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1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be set forth in an exhibit appended to this
Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protections for the Owner against defects in the Work, but the furnishing
of such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs, or for the Contractor's failure
to perform the Work in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the Owner,
they shall be paid for by the Owner as hereinbefore provided.
1.3.1 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.2 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.4 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions
previously given and are due to causes beyond the control of the Architect.
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1.3.5 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
1.3.6 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional
services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.7 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.8 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.9 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
1.3.10 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his requirements for
the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his repre-
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sentative shall examine documents submitted by the Architect and
shall render decisions pertaining thereto promptly, to avoid unreason
able delay in the progress of the Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights-of-way, restrictions, easements, encroach
ments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to existing buildings,
other improvements and trees; and full information concerning avail
able service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining subsoil, air and
water conditions, with appropriate professional interpretations thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance counsel
ling services as may be necessary for the Project, and such auditing
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services as he may require to ascertain how or for what purposes the
Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Paragraphs
2.3 through 2.6 inclusive shall be furnished at the Owner's expense,
and the Architect shall be entitled to rely upon the accuracy and com
pleteness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault or
defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost
to the Owner of all Work designed or specified by the Architect, which
shall be determined as follows, with precedence in the order listed:
3.1.1 For completed construction, the total cost of all such Work;
3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a
qualified bidder for any or all of such Work, or (2) if the Work is not
bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
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3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive .
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that used materials
and equipment shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractor's methods
of determining bid prices, or over competitive bidding or market condi
tions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
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3 .5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall include a bidding contingency of ten percent
unless another amount is agreed upon in writing . When such a fixed
limit is established, the Architect shall be permitted to determine
what materials, equipment, component systems and types of construction
are to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statement of Probable Construction Cost Exceeds such
fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) cooperate in re
vising the Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (2) the Architect, without additional
charge, shall modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The providing of -
such service shall be the limit of the Architect's responsibility in this
regard, and having done so, the Architect shall be entitled to compen
sation in accordance with this Agreement.
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74
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation, research
and design, in producing Drawings, Specifications and other documents
pertaining to the Project, and in services during construction at the site,
4.2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee .benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproduction of Drawings and Specifications excluding
duplicate sets at the completion of each Phase for the Owner's review
and approval.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made
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77 5
as follows;
6.1.1 Payments for Basic Services shall be made in proportion to services per
formed so that the compensation at the completion of each Phase shall
equal the following percentages of the total Basic Compensation:
Design Development Phase— ----25%
Construction Documents Phase —75%
Construction Phase -100%
6.2 Payments for Additional Services of the Architect as defined in Paragraph
1.3, and for Reimbursable Expenses as defined in Article 5, shall be
made monthly upon presentation of the Architect's statement of services
rendered.
6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be paid
his compensation for services performed prior to receipt of written notice
from the Owner of such suspension of abandonment, together with Reim
bursable Expenses then due and all terminal expenses resulting from such
suspension or abandonment.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbur
sable Expenses pertaining to the Project, and records of accounts between
the Owner and the Contractor, shall be kept on a generally recognized
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76
accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination due to the fault of others than the Architect, the Ar

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MINUTES OF Board of Regents of Stephen F. Austin State University VOLUME NO. QJL HELD IN DALLAS, TEXAS January 31, 1974 INDEX Minutes of the Meeting Stephen F. Austin State University- Board of Regents held in Dallas, Texas January 31, 1974 VOLUME NO. 22 Page 74-20 Approval of Minutes of October 13, 1973 22-2 74-21 Election of University President for 1974-75 22-2 74-22 Appointment of Regent Wright to Executive Committee 22-2 74-23 Adoption of Resolution in Memory of Regent Bergman 22-2 74-24 Faculty and Staff Appointments 22-4 74-25 Acceptance of Resignations 22-5 74-26 Approval of Changes in Status 22-6 74-27 Acceptance of Retirement 22-7 74-28 Approval of Curriculum Items 22-7 74-29 Permission to Petition Coordinating Board for School of Applied Studies and Bachelor of Applied Studies 22-15 74-30 Approval of Bond Resolution- University Improvement Revenue Bonds Series 1974 - $500,000 22-15 74-31 Approval of Bond Resolution- University State Ad Valorem Tax Bonds Series 1974 - $695,000 22-34 74-32 Authorization for University to Use Proceeds of Bonds 22-59 74-33 Arch. Contract - Conversion of Dorm 19 22-59 74-34 Arch. Contract - Conversion of Raguet Street to a Walkway 22-80 74-35 Arch. Contract - Kindergarten Facility 22-100 74-36 Arch. Contract - Renovation of Rusk Building 22-120 74-37 Contract - Conversion of Dorm 19 into Apartments 22-140 74-38 Contract - Furniture for Dorm 19 Apartments 22-166 74-39 Contract - Construction of an Observatory 22-184 74-40 Contract - Dome and Support Cylinders for Observatory 22-204 74-41 Change Order #9 - Loggins - To add $1,201 to Stadium Project 22-217 74-42 Authorization for University Officials to Consult with the Attorney General's Office on Responsibility of Stadium Architects 22-217 74-43 Change Order #3 - Allen M. Campbell - To add $3,760.33 to Library 22-217 74-44 Authorization to Issue Purchase Orders for Furniture for Business and Education Bldgs., HPE, and Coliseum 22-217 74-45 Contract - J. E. Kingham - Concrete Work at Stadium Site 22-217 74-46 Contract - Honeywell, Inc. - Renovate Mechanical Controls in the University Center 22-228 74-47 Approval of Room and Board Rates for 1974-75 22-233 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD IN DALLAS, TEXAS January 31, 1974 The meeting was called to order by R. E. McGee, Chairman of the Board of Regents, at 11:00 a.m. January 31, 1974. PRESENT: Members: R. E. McGee of Houston Walter Todd of Dallas Ernest Powers of Carthage James I. Perkins of Rusk Mrs. George Cullum, Jr. of Dallas Peggy Wedgeworth Wright of Nacogdoches ABSENT: Joe Bob Golden of Jasper Robert C. Gray of Austin Glenn Justice of Dallas PRESENT: C. G. Haas, Secretary of the Board Dr. R. W. Steen, President of the University 74-20 Upon motion of Regent Todd, seconded by Regent Cullum, with all Regents voting aye, it was ordered that the Minutes of the meeting of October 13, 1973, be approved. 74-21 Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents voting aye, it was ordered that R. W. Steen be elected President of the University for the period of September 1, 1974, to August 31, 1975. 74-22 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the Chairman be authorized to appoint Regent Wright as Executive Committee Chairperson to re place Regent Bergman. 74-23 Upon motion of Regent Todd, seconded by Regent Powers, with all Regents voting aye, it was ordered that the proposed resolution in memory of Regent Bergman be adopted, as follows: 22-2 RESOLUTION OF THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY ADOPTED JANUARY 31 1974 DOUGLAS E. BERGMAN: IN MEMORIAM WHEREAS, in 1969, the Honorable Douglas E. Bergman, of Dallas, was appointed by Governor Preston Smith of Texas to the original Board of Regents of Stephen F. Austin State University; WHEREAS, Mr. Bergman served with such distinction during his first term that, in 1971, he was reappointed to a six-year term on the Board; WHEREAS, as a member of the Board and as a partner in a distinguished Dallas law firm, Mr Bergman made outstanding contributions not only to higher education, but also to many other aspects of life in Texas and the nation, including service from 1941-42 as Assistant Attorney General of Texas, from 1947-48 as First Assistant District Attorney of Dallas County, and from 1949-57 as a member of the Texas House of Representatives; AND WHEREAS, on November 30, 1973, Mr. Bergman died unexpectedly; NOW, THEREFORE, BE IT RESOLVED by the Board of Regents of Stephen F. Austin State University assembled this 31st day of January, 1974, that the Board, as well as the administration, faculty, and student body of the University, express to his family the esteem held by all for Mr. Bergman and the deep sense of loss felt by all in his untimely death; AND BE IT FURTHER RESOLVED that a copy of this memorial resolution by spread upon the minutes of the Board and that a copy be sent to the Bergman family. Chairman of the Board Secretary to the Board 22-3 74 -J4 Upon motion of Regent Perkins, seconded by Regent Cullum, with all Regents voting aye, it was ordered that the following individuals be employed for the positions, dates and salaries indicated: 1. School of Forestry Mr. Finis H. Prendergast, Jr., 33, M.F. (Stephen F. Austin State University), Lecturer (% time) of Forestry at a salary rate of $1,275 for the Spring 1974 Semester only, effective January 8, 1974. This is a temporary 4% months non-renewable appointment. Mr. Richard Larry Willett, 27, M.F. (Stephen F. Austin State University), Instructor (3/4 time) of Forestry at a salary rate of $2,950 for the Spring 1974 Semester only. This is a temporary Ah months non-renewable appointment. Effective date is January 8, 1974. 2. Department of School Services Ms. Judith S. Huffty, 32, M.A. (George Peabody College), In structor of School Services {h time) at a salary rate of $2,000 for the Spring 1974 Semester only, effective January 8, 1974. Ms. Nancy C. Speck, 34, M.Ed. (Temple University), Instructor (h time) of School Services at a salary rate of $2,000 for the Spring 1974 Semester only, effective January 8, 1974. 3. Student Affairs Division Mr. Donald Lee Knebel, 22, Patrolman, University Police De partment, at a salary rate of $6,943 for twelve months, effec tive October 1, 1973. Dr. William G. Langston, 58, Gynecologist, Health Services, at a salary rate of $15.00 per hour for 40% of full time, effective October 9, 1973. Ms. Heather Lynn White, 23, Manager, Craft Shop, at a salary rate of $6,000 for twelve months, effective November 1, 1973. 4. University Computer Center Mr. John Stuart Walker, 22, B.S. (Stephen F. Austin State University), Programmer, at a salary rate of $8,400 for twelve months, effective January 1, 1974. 22-4 74-25 Upon motion of Regent Todd, seconded by Regent Powers, with all Regents voting aye, it was ordered that the following resignations be accepted: 1. Department of Elementary Education Ms. Patricia Johnson, Graduate Interne in Elementary Education, effective December 21, 1973. Ms. Johnson moved to the Dallas area. 2. Department of English Mr. Oliver C. Foster, Assistant Professor of English, effective May 31, 1974. Mr. Foster resigned to seek other employment. 3. School of Forestry Mr. Robert C. Wendling, Instructor (3/4 time) of Forestry, effective December 31, 1973. Mr. Wendling will be at Texas ASM University on the joint Ph.D. program. 4. Department of Home Economics Ms. Jareldine Mays, Instructor of Home Economics, effective May 31, 1974. Ms. Mays was the junior employee in an over staffed area. Ms. Betsy C. Shaw, Instructor of Home Economics, effective December 20, 1973. Ms. Shaw completed her temporary appointment. 5. Department of Political Science Ms. Pamela R. Lee, Instructor of Political Science, effective May 31, 1974. Ms. Lee resigned for personal reasons. 6. Department of School Services Dr. Windel L. Dickerson, Associate Professor of School Services, effective December 20, 1973. Dr. Dickerson has accepted other employment. 7. Student Affairs Division Mr. Gene James Burns, 50, Patrolman, University Police Department, effective September 18, 1973. Mr. Burns was terminated due to unsuitability and unprofessional conduct. 22-5 Mr. James C. Calahan, 44, Associate Dean of University Regula tions, effective January 31, 1974. Mr. Calahan is going into private business. Mr. Paul John Novak, 23, Patrolman, University Police Department, effective January 15, 1974. Mr. Novak has found a job elsewhere. Mr. Gerald Ray Steed, 41, Sergeant, University Police Department, effective October 24, 1973. Mr. Steed has found a job elsewhere. 74-26 Upon motion of Regent Perkins, seconded by Regent Powers, with all Regents voting aye, it wa$ ordered that the following changes in status be approved: 1. Department of English Dr. Patricia Read, Assistant Professor of English, from 100% time in English to 25% in English ajid 75% University Administra tion for the Spring 1974 Semester only. Effective date is January 8, 1974. 2. Student Affairs Division Mr. Winston Edward Bishop, 28, Patrolman, University Police Department, at a salary rate of $6,000 for twelve months, effec tive November 1, 1973. Mr. Bishop is being transferred from an hourly traffic officer to a monthly patrolman. 3. University Computer Center Miss Gloria Gay Ash, from Supervisor-Production Control at a salary rate of $7,300 to Computer Operator at a salary rate of $8,400 for twelve months, effective December 1, 1973. Mr. Ben Patton Covin, from Programmer I at a salary rate of $8,500 to Programmer II at a salary rate of $9,500 for twelve months, effective January 1, 1974. Miss Deborah J. Finane, from Programmer I at a salary rate of $7,690 to Programmer II at a salary rate of $8,700 for twelve months, effective January 1, 1974. Mrs. Nelda Sue Jordan, from Production Control Clerk at a salary rate of $6,943 to Supervisor, Production Control at a salary rate of $7,600 for twelve months, effective December 11, 1973. 22-6 'I. Bus i ness Of f i co Mr. Bob Benson from Operation Manager in the Computer Center at a salary rate of $15,510 for twelve months to Assistant Business Manager at a salary rate of $12,000 for twelve months. 5. Office of Physical Plant Mr. Bruce Harrell from Electrician at a salary rate of $4.00 per hour to Electrical Crew Foreman at a salary rate of $9,360 for twelve months. 74-27 Upon motion of Regent Perkins, seconded by Regent Wright, with all Regents voting aye, it was ordered that the following retirement be accepted: 1. Department of English Dr. John Q. Hays, Professor of English, effective December 20, 1973. 74-28 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the following curriculum items, approved by the University Undergraduate and Graduate Cur riculum Committees, be approved: (See next page) 22-7 COURSES ADDED: (Curriculum Committee) Department and Number Title Agriculture 413 ^Agriculture 414 Art 200 Communication 406 English/Sociology 305 English 411 Forestry 338 Forestry 347 General Business 358 General Business 367 General Business 370 General Business 373 Geography 100 HPE 104 HPE 349 HPE 353 HPE 360 HPE 457 HPE 476 HPE 478 *HPE 484 History 100 History 101 History 201 History 314 History 323 History 346 History 433 History 444 History 451 Home Economics 111 Home Economics 138 Home Economics 350 *Home Economics 402 Mathematics 300 Mathematics 301 Mathematics 302 Modern Languages (French) 320 Modern Languages (Spanish) 320 Modern Languages (French) 331 Modern Languages (French) 401 Modern Languages (Spanish) 408 Nursery Management Orchard Management General Handicrafts Photography for Special Publications Literary and Sociological Aspects of Death Teaching English as a Foreign Language Management Use of Fire Silviculture Security Analysis and Portfolio Management Real Estate Financing Financial Institutions Intermediate Financial Management Introduction to the Social Sciences Ri fiery Rhythms and Dance in the Elementary School Physiology of Exercise Remedial Exercises Advanced Athletic Training Laboratory Practices in Athletic Training Laboratory Practices in Athletic Training Driver & Traffic Safety Education II Introduction to the Social Sciences the Modern World in History ■s History Elementary Teacher II Hours Credit 3 3 3 3 3 3 3 3 3 3 3 3 3 1 3 3 3 3 3 3 3 3 3 1 3 3 3 3 Introduction to Critical Issues Topics in Women History for the American Indians Topics in Latin American History (A) Colonial (B) Recent Studies in British History (A) Anglo-Saxon and 3 Medieval (B) Tudor-Stuart (C) Hanoverian and Victorian Contemporary America 3 Social Etiquette 1 Principles of Food Preparation Laboratory 1 Nutrition and Growth Laboratory 1 Seminar in Institutional Equipment 1 Mathematics for the Elementary School Teacher 3 Materials and Project Activities for the 3 Elementary School Teacher Foundations of Elementary Mathematics 3 Technical Communication in French 3 Business Spanish 3 French Civilization 3 Problems in Syntax and Semantics 3 Advanced Composition 3 ^Submitted for Graduate Credit 22-8 COURSES ADDED (Continued) Department and Number ^Modern Languages (Spanish) Modern Languages (Spanish) Music 142 Music 143 Music 170 Music 270 Music 271 Music 370 Music 470 Music 471 Music 472 Philosophy 223 Political Science 315 Political Science 450 Political Science 499 Psychology 100 Psychology 153 Psychology 201 (A,B,C,D) Psychology 210 Psychology 310 Psychology 385 Psychology 390 Sociology 100 Sociology 307 Sociology 395 Sociology 400 Sociology 406 ^Sociology 450 Title Hours Credit 409 Bilingual Literatures and Culture 3 410 Contrastive Linguistics, Spanish/English 3 Fundamentals of Music 3 Basic Guitar 3 Organ Familiarization 2 Hymnology 3 Service Playing 2 Music and Worship (Liturgies) 3 Church Music Seminar 3 Organ Pedagogy 2 Vocal Pedagogy 2 Moral Decision 3 Practical Politics 3 Urban Political Problems 3 Field Study in American Government and Politics 1-6 Introduction to the Social Sciences 3 Personality Differences of Males and Females 3 Contemporary Issues in Psychology 3 Developmental Psychology 3 Industrial Psychology 3 Psychology of Aggression 3 Psychology of Aging 3 Introduction to the Social Sciences 3 Vice Control 3 Aging and Mental Health 3 Institutional and Non-Institutional Care of the 6 Elderly Community Treatment of Offenders 3 Sociology of Retirement 3 COURSES TO BE REVISED: (Curriculum Committee) Department and Number Art 143 Art 247 Art 300 Art 301 Art 302 Art 305 Art 325 Art 340 Art 341 Art 345 Art 357 Art 384 *Art 400 *IYrt 401 *Art 445 Title and Credit Drawing (3) Advanced Drawing (3) Pictorial Composition (3) Three-Dimensional Design (3) Advertising Design (3) Photography (3) Advanced Advertising Design (3) Watercolor Painting (3) Painting Studio (3) Graphic Art (3) Sculpture (3) Art Metal and Jewelry (3) Sculpture Studio (3) Advanced Sculpture Studio (3) Graphic Arts (3) New No. 143 247 300 301 302 Com. 305 325 340 341 345 357 384 400 401 445 New Title and Credit Drawing I (3) Drawing II (3) Painting I (3) Sculpture I (3) Advertising Design I (3) Illustrative Photography (3) Advertising Design II (3) Painting II (3) Painting III (3) Printmaking I (3) Sculpture II (3) Art Metal and Jewelry I (3) Sculpture III (3) Sculpture IV (3) Printmaking II (3) ^Submitted for Graduate Credit 22-9 iu at Ktvibtu (Continued) Department and Number *Art 446 Art 453 *Art 454 *Art 457 "Art 461 Art 462 Art 466 Art 473 E 481 3E 483 istory 131 istory 132 istory 233 istory 234 istory 303 istory 304 10 Title and Credit New Np_^ New Title and Credit Lithography (3) 445 Life Drawing (3) 353 Advanced Life Drawing (3) 454 Illustration Techniques 457 wj Advanced Painting Studio 461 Advanced Painting Studio 462 Serigraphy (3) 466 Advanced Illustration 473 Techniques (3) Advanced Art Metal and 484 Jewelry (3) English Literature: 221 Before 1800 (3) English Literature: 222 After 1800 (3) Topics in Literature (3) 330 Forest Fire Control (2) 337 Introduction to Business 147 (3 Corporation Finance (3) 333 Property and Estate Law 366 (3) Investments (3) 357 Commercial Banking (3) 371 ARC First-Aid Program (3) 151 449 481 Development of School Dance Program (3) Safety Education (3) Driver Education (3) 483 Heritage of the Past (3) 131 Basic Problems of Modern 132 Civilization (3) History of the United 133 States (3) History of the United 134 States (3) Diplomatic History of the 303 United States (1913- Present) (3) History of American 304 Science (3) Printmaking III (3) Drawing III (3) Drawing IV (3) Advertising Design III (3) Painting IV (3) Painting V (3) Printmaking IV (3) Advertising Design IV (3) Art Metal and Jewelry II (3) Major British Writers: Before 1800 (3) Major British Writers: After 1800 (3) Topics in Literature (3) Forest Fire Control (3) Introduction to Business and Its Environment (3) Introduction to Financial Management (3) Real Estate Law (3) Introduction to Investments Commercial Bank Management ARC First-Aid and Disaster Education (3) Rhythms and Dance in the Secondary School (3) Principles of General Safety Driver and Traffic Safety (3) Western Civilization I (3) Western Civilization II (3) History of the United States (1000-1865) (3) History of the United States (1865 to the Present) (3) Diplomatic History of the United States (1877- Present) (3) History of Science (A) Western Heritage (B) American (3) ibmitted for Graduate Credit 22-10 COURSES TO BE REVISED (Continued) 11 Department and Number History 310 ,History 311 History 319 history 321 listory 322 listory 337 istory 341 listory 345 listory 351 iistory 412 listory 425 istory 426 story 427 i story 428 istory 432 istory 438 istory 440 istory 446 istory 448 istory 450 Title and Credit Ideas and Institutions in America (3) Development of European Institutions (3) Western Civilization in the Middle Ages (3) Studies in Asian History (3) Eastern Civilization (3) Social and Cultural His tory of the American People (3) New No. New Title and Credit 310 311 319 321 322 337 History of England (Pre 341 historic England to 1500) (3) The American Frontier (3) 345 History of Russia: An- 351 cient, Medieval, and Modern Russia to 1905 (3) Studies in.Modern European 412 History (3) Europe of the Old Regime 425 ) The French Revolution and 426 Napoleon (3) The South (1607-1861) (3) 427 The South (1877-Present) 428 History of Mexico (3) 333 The British Empire in 438 North America (1607-1763) 1-3) Revolutionary America 440 (1763-1789) (3) Reconstruction and the New 446 Nation (1865-1897) (3) The Progressive Era and 448 World War I (3) The New Deal and After (3) 450 Studies in American Institutions (3) National Institutions The Middle Ages (3) (3) Early Eastern Civilizations (3) Modern Eastern Civilizations (3) Studies in American Social, Cultural, and Intellectual History (A) To 1865 (B) Since 1865 (3) History of England (Pre historic to 1500) (3) American Frontiers (3) Russia to 1900 (3) Studies in European History (A) Ancient and Medieval (B) Modern (3) The Age of Absolutism (1648-1789) (3) Europe in the Age of Revolution (A) French Revolution and Napoleon (1770-1815) (B) National and Liberal Revolution (1815-1871) (3) The Old South (3) The New South (3) History of Mexico (3) Colonial America (3) The American Revolution (3) Reconstruction and the New Nation (3) From the Progressive Era to the Great Depression (3) The New Deal and World War II (3) ibmitted for Graduate Credit 22-11 COURSES TO BE REVISED (Continued) Department and Number History 453 History 464 Modern Languages (Spanish) 308 Modern Languages (French) 330 Modern Languages (French) 404 Modern Languages (Spanish) 407 Modern Languages (Spanish) 412 Modern Languages (Spanish) 426 %isic 137 Music 141 Music 241 Music 341 Political Science 311 Psychology 220 Sociology 352 Sociology 493 Title and Credit History of Russia (3) India, China, and Japan in the Modern Period (3) The Development of Short Narrative in Spanish (3) Contemporary French Civilization (3) French Literature of the Seventeenth Century (3) Survey of Spanish Literature, 1700 Contemporary (3) Spanish American Literature (3) Spanish Drama of the Golden Age (3) Jazz Workshop Vocal (1) Fundamentals of Music (3) Elementary Music Supervision (3) Advanced Supervision of Elementary Music (3) American Negro Politics to History of Psychology (3) North American Archeolo gy: Area Studies (3) Special Studies of Peo ples, Cultures and Social Institutions (3) New No. 12 New Title and Credit 352 Modern Russia (3) 464 Studies in Far Eastern History (3) 308 Spanish Prose of Ideas (3) 330 French Civilization (3) 404 French Classicism (3) 407 Survey of Spanish Literature (3) 412 Survey of Spanish American Literature (3) 426 Spanish Literature of the Golden Age (3) 237 Jazz Vocal Workshop (1) 141 Music for Classroom (3) 241 Music in the Elementary School (3) 341 Music in the Middle School (3) 311 Politics of American Ethnic Minorities (3) 420 History and Systems of Psychology (3) 352 North American Archeology: (A,B,C) Area Studies (A) Great Basin (B) Southwest (C) North Plains (3) 493 Special Studies of Selected World Societies (A) Spani American Societies (B) Br zilian Society (3) COURSES TO BE DELETED: (Curriculum Committee) Department and Number Art 238 Art 306 Art 440 Economics 471 Economics 535 English 121 Forestry 309 Forestry 314 Title and Credit Technical Illustration (3) Creative Photography (3) Advanced Watercolor Painting (3) Economic Growth and Development (3) Seminar in Economic Systems (3) Composition for Foreign Students (3) Care of Ornamental Trees (3) Pathology and Entomology of Forest Products (3) ^Submitted for Graduate Credit 22-12 COURSES TO BE DELETED (Continued) Department and Number History 332 History 338 13 (French) 101. (French) 405 History 429 History 431 iHi story 441 History 442 Modern Languages Modern Languages Modern Languages (French) 406 Modern Languages (Spanish) 406 Modern Languages (French) 407 Modern Languages (Spanish) 411 Modern Languages (Spanish) 427 Modern Languages (French) 489 Psychology 280 Psychology 400 Psychology 498 School Services 459 Secondary Education 510 102, 103 Title and Credit Latin American History (1825-Present) (3) Social and Cultural History of the American People (3) Nationalism and Liberalism (1815-1878) (3) History of Spanish Mexico (1521-1810) (3) The Hanoverian Age (1714-1837) (3) The Victorian Age (1837-1910) (3) Elementary French (1, 1, 2) French Literature of the Seventeenth Century (3) Survey of French Literature (3) Survey of Spanish Literature (3) Survey of French Literature (3) Spanish American Literature (3) The Spanish Novel of the Golden Age (3) History of the French Language (3) Comparative Psychology (3) Experimental Psychometric (3) Controversial Issues in Psychology (3) Tests and Measurement (3) Conflicts in Education (3) COURSES ADDED: (Graduate.Council) Department and Number • Elementary Education 584 Geology 517 Home Economics 402 Modern Languages (Spanish) 408 Modern Languages (Spanish) 409 Modern Languages (Spanish) 410 Psychology 530 Psychology 531 Psychology 540 Secondary Education 527 Secondary Education 542 Secondary Education 561 Secondary Education 562 Secondary Education 581 Title Hours Credit Individualization of Instruction Earth Materials for Teachers Seminar in Institutional Equipment Advanced Composition Bilingual Literatures and Culture Contrastive Linguistics, Spanish/English Curriculum Development for Secondary Teachers of Psychology: Scientific Topics Curriculum Development for Secondary Teachers of Psychology: Clinical Topics Classroom Methods in Psychology The Secondary School Student Practicum in Supervision of Curriculum Classroom Management Value Based Instruction in the Content Areas Problems in Professional Education 3 3 3 3 3 COURSES TO BE REVISED: (Graduate Council) Department and Number Home Economics 580 New Title and Credit No. Homemaking Programs in 580 -the Secondary School (3) New Title and Credit Homemaking Programs in the Secondary School (1-3) 22-13 COURSES TO BE REVISED (Continued) •14 Department and Number Modern Languages (French) 404 Modern Languages (Spanish) 407 Modern Languages (Spanish) 412 Psychology 501 Psychology 507 Psychology 513 Psychology 520 Psychology 521 New Title and Credit No. French Literature of 404 the Seventeenth Century (3) Survey of Spanish 407 Literature, 1700 Spanish-American Lit- 412 erature (3) Advanced Analysis of 501 Behavioral Data (3) Experimental Design 507 (3) Personality Assessment 513 (3) Clinical Internship I 520 (3) Clinical Internship II 521 (3) New Title and Credit French Classicism (3) Survey of Spanish Literature (3) Survey of Spanish-American Literature (3) Advanced Analysis of Behaviora Data (4) Experimental Design (4) Personality Assessment (4) Clinical Internship I (6) Clinical Internship II (6) COURSES TO BE DELETED: (Graduate Council) Department and Number Modern Languages (French) 405 Modern Languages (Spanish) 406 Modern Languages (French) 407 iModern Languages (Spanish) 411 Modern Languages (Spanish) 427 Modern Languages (French) 489 Psychology 580 Title and Credit French Literature of the Seventeenth Century (3) Survey of Spanish Literature (3) Survey of French Literature (3) Spanish American Literature (3) The Spanish Novel of the Golden Aqe (3) History of the French Language (3) Instrumentation in Experimental Psychology (3) 22-14 15 74-29 Upon motion of Regent Cullum, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the University be granted permission to petition the Coordinating Board for the establishment of a School of Applied Studies and the offering of a Bachelor of Applied Studies degree. 74-30 Upon motion of Regent Perkins, seconded by Regent Powers, with all Regents voting aye, it was ordered that the bond resolution for the issuance and sale of Board of Regents of Stephen F. Austin State University Improvement Revenue Bonds Series 1974 in the principal amount of $500,000 for an effective interest rate of 4.811% to the American National Bank of Austin be approved and that the Chairman of the Board be authorized to sign the resolution and accompanying documents prepared by Messrs. McCall, Parkhurst and Horton, as follows: 22-15 16 CERTIFICATE FOR A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS SERIES 1974, $500,000 THE STATE OF TEXAS : COUNTY OF NACOGDOCHES : STEPHEN F. AUSTIN STATE UNIVERSITY : We, the undersigned officers of the Board of Regents of Stephen F. Austin State University, hereby certify as follows: 1. That the Board of Regents of said University con vened in SPECIAL MEETING ON THE SIST DAY OF JANUARY, 1974, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of said Board of Regents, to-wit: R. E. McGee, Chairman Glenn Justice Joe Bob Golden, Vice Chairman Ernest Powers James I. Perkins Mrs. George Cullum, Jr. Robert C. Gray Walter C. Todd Mrs. Tom Wright Charles G. Haas, Secretary and all of said persons were present, except the following absentees: fl., &Jr-* - TZS^ C. %«. . ., frng(Jother business, the following was transacted at said meeting: a written RESOLUTION AUTHORIZING THE ISSUANCE OF IMPROVEMENT REVENUE BONDS was duly introduced for the consideration of said Board and read iinn ffuullll.. IItt wwaass tthheenn dduullyy mmoovvee d and seconded that said Resolu-tion be passed; and, after due discussion, said ™^' ^™ with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said Board shown present above voted "Aye". NOES: None 2. That a true, full, and correct copy of the afore said Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Board smin utes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Board's minutes of 22-16 17 said Meeting pertaining to the passage of said Resolution, that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Board as indicated therein; that each of the officers and members of said Board was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Chairman of the Board of Regents has approved, and hereby approves, the aforesaid Resolution; that the Chairman and Secretary of said Board of Regents have duly signed said Resolution; and that the Chairman and Secretary cxE said Board of Regents hereby declare that their signing of this Certificate shall constitute their signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED this the 31st day of January, 1974. Secretary, Board of Regents Stephen F. Austin State University Chairman, Board of Regents Stephen F. Austin State University (SEAL) 22-17 18 A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS, SERIES 1974, $500,000 WHEREAS, the Board of Regents of Stephen F. Austin State University is authorized to issue bonds in accordance with Chapter 55 of the Texas Education Code; and WHEREAS, it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is passed, such emergency or urgent public necessity being that the proceeds from the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public im provements; and that said meeting was open to the public, as re quired by law and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon1s Ann. Civ. St., Article 6252-17. THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY: Section 1. That said Board's negotiable, serial, cou pon bonds, to be designated and issued as follows: BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS, SERIES 1974 (hereinafter sometimes called the Series 1974 Bonds" or "Bonds"), are hereby authorized to be issued and delivered in the principal amount of $500,000, for the purpose of remodeling and equipping a dormitory for and on behalf of the University on its campus at Nacogdoches, Texas. Section 2. That the Series 1974 Bonds shall be dated January 1, 1974, shall be numbered consecutively from 1 through 100, shall be in the denomination of $5,000 each, and shall be and become due and payable serially on July 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: 22-18 Section 3. That the Series 1974 Bonds shall bear interest from their date, until maturity or redemption, at the following rates, payable on July 1, 1974, and semi-annually thereafter on each January 1 and July 1, to-wit: Bonds maturing during the years 1983 fcbxaueb^^- ^ ^ % Per annum; Bonds maturing during the years through 19/^ #,j^°Io per annum; Bonds maturing during the years through 19£2 *'*c % Per annumJ Bonds maturing during the years 19_/£ through 19^ ^./o 7, per annum. Section 4. That the bonds, and the interest coupons appertaining thereto, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the form of bond set forth in this Resolution. Section 5. That the form of the bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest cou pons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: (FORM OF BOND) N0. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BOND SERIES 1974 ON JULY 1, 19_, THE BOARD OF REGENTS OF STEPHEN F.^ AUSTIN STATE UNIVERSITY, for and on behalf of Stephen F. Austin State University, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable on July 1, 1974, and semi-annually thereafter on each January 1 and July 1 while this bond is outstanding. 22-19 THE PRINCIPAL of this bond and the interest coupons 20 appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the Commercial National Bank, Nacogdoches, Texas, or, at the option of the bearer, at the Chase Manhattan Bank (National Association), New York, New York, which places shall be the Paying Agents for this Series of bonds. THIS BOND is one of a Series of negotiable, serial, coupon bonds, dated January 1, 1974, issued in the principal amount of $500,000, for the purpose of remodeling and equipping a dormitory for and on behalf of the University on its" campus at Nacogdoches, Texas. THE BONDS of this Series scheduled to mature on and after July 1, 1985 may be redeemed prior to their scheduled maturities, in whole or in part, at the option of said Board on July 1, 1984, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for any such redemption. At least thirty days before the date fixed for any such redemption the Board shall cause a written notice of such redemption to be published at least once in a financial publication printed in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the Paying Agents for the payment of the prin cipal amount of the bond to be redeemed, plus accrued interest thereon to the date fixed for redemption. If the written notice of redemption is published, and if due provision for such payment is made, all as provided above, the bonds, which are to be so re deemed , thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemp tion, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be per formed, exist, and be done precedent to or in the issuance and delivery of this bond have been performed, existed, and been done in accordance with law; and that the interest on and prin cipal of this bond and the Series of which it is a part, are secured by and payable from an irrevocable lien on and pledge of the gross proceeds of the Building Use Fee levied and collec ted from all students in regular attendance at Stephen F. Austin State University (formerly Stephen F. Austin State College) for the use and availability of the Liberal Arts Classroom Building subject only and subordinate to the first lien on and pledge of the aforesaid gross proceeds of the Building Use Fee heretofore created in connection with Board of Regents, State Senior Col leges, Stephen F. Austin State College Building Use Fee Revenue Bonds of 1968, dated June 1, 1968, and Board of Regents of Stephen F. Austin State University Refunding Revenue Bonds of 1970, dated July 1, 1970 or any bonds issued to refund said bonds, 9?-?n 21 referred to as "Pledged Revenues" and specifically described in the Resolution authorizing this Series of Bonds. After the Board of Regents, State Senior Colleges, Stephen F. Austin State College Building Use Fee Revenue Bonds of 1968 and Board of Regents of Stephen F. Austin State University Building Refunding Revenue Bonds of 1970 or any Bonds issued to refund same are retired, the Bonds and Additional Bonds and the interest thereon are and shall be secured by and payable from an irrevocable first lien on and pledge of the Building Use Fee. SAID BOARD has reserved the right, subject to the re strictions stated in said Resolution authorizing this Series of bonds, to issue additional parity revenue bonds which also may be secured by and made payable from an irrevocable lien on and pledge of the aforesaid Pledged Revenues. THE HOLDER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the ^iaines1 gnature of the Chairman of said Board, and countersigned with the facsi mile signature of the Secretary of said Board, and the official seal of said Board has been duly impressed, or placed in facsi mile, on this bond. xxxxx xxxxx Secretary, Board of Regents Stephen Fo Austin State University Chairman, Board of Regents Stephen F. Austin State University (FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. .- I hereby certify that this bond has been examined, cer tified as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. 1974. WITNESS my signature and seal this day of February, Comptroller of Public Accounts of the State of Texas 22-21 22 (FORM OF INTEREST COUPON) NO. * ON 1, 19_, THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, for and on behalf of Stephen F. Austin State University, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collec tion charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at the Commercial National Bank, Nacogdoches, Texas, or, at the option of the bearer, at The Chase Manhattan Bank (National Association), New York, New York, said amount being interest due that day on the bond bear ing the number hereinafter designated of that issue of BOARD OF SCENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BOND, SERIES 1974", dated January 1, 1974. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. BOND NO. . xxxxx xxxxx Secretary, Board of Regents Chairman, Board of Regents Section 6. That throughout this Resolution, the follow ing terms as used herein shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: The term "Additional Bonds" shall mean the additional parity revenue bonds permitted to be authorized in this Resolution, The term "Board" shall mean the Board of Regents of Stephen F. Austin State University. The term "Bonds of 1968" shall mean the Board of Regents, State Senior Colleges, Stephen F. Austin State College Building Use Fee Revenue Bonds of 1968, dated June 1, 1968. The term "Bonds of 1970" shall mean the Board of Regents of Stephen F. Austin State University Building Refunding Revenue Bonds of 1970, dated July 1, 1970. The term "Building Use Fee" shall mean the gross col lected of the building use fee fixed, charged and collected from each student enrolled in the University at each fall and spring semester and at each term of each summer session for the use and availability of the Liberal Arts Classroom Building (except those students that may now be exempt by Chapter 54, Texas Education Code). 22-22 • 25 The term nLiberal Arts Classroom Building11 or "Liberal Arts Building11 shall mean the existing building known by such name on the campus of the University. The term "Outstanding" when used with reference to Bonds or Additional Bonds and as of a particular date shall mean all Bonds and Additional Bonds theretofore issued and not can celled except Bonds or Additional Bonds for the payment or redemp tion of which cash, equivalent to the principal amount or redemp tion price thereof, with interest to date of maturity or redemp tion date, shall be held by the Banks of Payment, provided that if such Additional Bonds are to be redeemed prior to date of maturity, notice of redemption shall have been given as provided in the Resolution or Resolutions authorizing such Additional Bonds. The term "Pledged Revenues" shall mean collectively the Building Use Fee subject only and subordinate to the first lien on and pledge of the aforesaid gross proceeds of the Building Use Fee heretofore created in connection with the Bonds of 1968 and Bonds of 1970, or any bonds issued to refund same, together with any additional revenues, income, receipts, or other resources, in cluding without limitation, any grants, donations, or income re ceived or to be received from the United States Government, or any other public or private source, whether pursuant to any agreement or obligation, which hereafter may be pledged to the payment of the Bonds or the Additional Bonds0 The term "University" shall mean the Stephen Fo Austin State University,, Section 7o That the Bonds and any Additional Bonds, and the interest thereon, are and shall be secured by and payable from an irrevocable lien on and pledge of the Pledged Revenueso After the Bonds of 1968 and Bonds of 1970, or bonds issued to re fund same are retired, the Bonds and any Additional Bonds and the interest therein are and shall be retired by and payable from an irrevocable first lien on and pledge of the Building Use Fee. Section 80 That the Bonds and any Additional Bonds, and interest coupons appertaining thereto shall constitute spec ial obligations of the Board, payable solely from the Pledged Revenues, and such obligations shall not constitute a prohibited indebtedness of the University, the Board, nor the State of Texas, and the holders of the Bonds and Additional Bonds and the coupons attached thereto shall never have the right to demand payment out of funds raised or to be raised by taxationQ Section 9o (a) That the Board covenants and agrees to fix, levy, charge and collect the Building Use Fee for each stu dent enrolled in the University, at each fall and spring semester and at each term of each summer session, for the use and avail ability of the Liberal Arts Classroom Building (except those stu- 22-23 24 dents that may now be exempt by Chapter 54 of the Texas Educa tion Code) in such amounts, without any limitation whatsoever, as will be at least sufficient at all times to provide, the money for making all deposits required to be made to the credit of the Interest and Redemption Fund and the Debt Service Reserve Account of the Interest and Redemption Fund to secure the payment of the principal of and interest on the Bonds of 1968 and the Bonds of 1970, and to pay the cost of insuring the Liberal Arts Classroom Building, and together with other Pledged Revenues, the money for making all deposits required to be made to the credit of the Interest and Sinking Fund and the Reserve Fund in connec tion with the Bonds and any Additional Bonds. (b) That it is hereby resolved, re-established, declar ed, and confirmed that, commencing and effective with the regular 1974 spring semester of the University the Building Use Fee has been and is hereby fixed and levied, and was and shall be charged and collected at the rates as follows: (1) $13.00 per student enrolled at each of the regular fall and spring semesters; and (2) $6.50 per student enrolled at each term of each summer session: such rates being the same as levied in the Bond Resolution that authorized the Bonds of 1970; however, Section 55.16 of the Texas Education Code, as ameneded in the 63rd Legislature, Regular Ses sion, 1973, shall be complied with in the levy of the Building Use Fee which shall be fixed and collected in proportion to the number of semester credit hours for which a student registers. The Building Use Fee shall be increased if and when required by this Section, and may be decreased, so long as all Building Use Fees are sufficient to provide the money for making all de posits required to be made to the credit" of the Interest and Re demption Fund and the Debt Service Reserve Account of the Inter est and Redemption Fund to secure the payment of the principal of and interest on the Bonds of 1968 and Bonds of 1970 and together with other Pledged Revenues, the money for making all deposits required to be made to the credit of the Interest and Sinking Fund and Reserve Fund, in connection with the Bonds and any Addi tional Bonds. All such changes in the Building Use Fee shall be made by resolution of the Board, but such procedure shall not constitute or be regarded as an amendment of this Resolution, but merely the carrying out of the provisions hereof. 22-24 25 Section 10. That there is hereby created and shall be established on the books of the University a separate account to be entitled the "Revenue Fund" (hereinafter called the Revenue Fund"). All monies on deposit in the Building Use Fee Fund es tablished by the Bond Resolution that authorized the Bonds o± 1968, on or before June 30, 1974 and semi-annually thereafter on or before June 30 and December 30 thereafter, shall be trans ferred from the Building Use Fee Fund and credited to the Revenue Fund only after requisite deposits have been made to the credit of the Interest and Redemption Fund and the Debt Service Reserve Account of the Interest and Redemption Fund, to secure the payment of the principal of and interest on the Bonds of 1968 and Bonds of 1970 as required by the Bond Resolutions which authorized said bonds. Section 12. That there is hereby created and shall be established^ fficial depository of^£™g^ a must be a member of the Federal ^^^l^enue Bonds Reserve separate fund to be entitled ^v^R*^ve Fund") which Fund" (hereinafter sometimes called the ke Outstanding to make such payments. Section 13. Money in any Fund established pursuant to this Resolution may, at the option of the Board be placed in time deposits or invested in direct obligations of,■ «?bUga tions the principal of and interest on which are guaranteed by, the United States of America, and evidences of indebtedness of 5s st^is'jrcs^ffirtnr^ expended from any Fund will be available at the 22-25 tune or times. Such investments shall be valued in terms of current mar ket value as of the last day of January and July of each year. Interest and income derived from such deposits and investments shall be credited to the Fund from which the deposit or invest ment was made. Such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds or Additional Bonds. Section 14. That all money in all Funds created by this Resolution, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the University, in principal amounts at all times not less than the amounts of money credited to such Funds, respectively. Section 15. That the Board, or at the option of the Board, shall transfer from the Pledged Revenues in the Revenue Fund, from any other source with monies lawfully available, and deposit to the credit of the Interest and Sinking Fund the amounts, at the times, as follows: (1) On or before June 30, 1974, and semi-annually on or before each December 30 and June 30 thereafter, an amount which will be sufficient, together with other monies, if any, then on hand therein and avail able for such purpose, to pay the interest scheduled to accrue and come due on the Bonds on the next suc ceeding interest payment date; and (2) On or before December 30, 1982, and semi-annually on or before each June 30 and December 30 thereafter, an amount which will be sufficient, together with other monies, if any, then on hand therein and avail able for such purpose, an amount equal to one-half of the principal scheduled to mature and come due on the Bonds on the next succeeding principal maturity date. Section 16. That on or before the date of the delivery of the Bonds to the purchasers of same, the Board shall cause to be deposited into the Reserve Fund $50,000 from available funds. That on or before December 30, 1975, and semi-annually on or be fore each July 30th and December 30th thereafter, the Board shall transfer from the Revenue Fund and deposit to the credit of the Reserve Fund, an amount equal to l/10th of the average annual principal and interest requirements of the Bonds; provided, how ever, that when the money and investments in the Reserve Fund are at least equal in market value to the amount of the average annual principal and interest requirements of the Bonds, then such depos its may be discontinued, unless and until the Reserve Fund should be depleted to less than said amount in market value, in which case said deposits shall be resumed and continued until the Re serve Fund is restored to said amount; and so long as the Reserve Fund contains said amount, any surplus in the Reserve Fund over said amount shall be transferred to the Interest and Sinking Fund. 22-26 27 Section 17. (a) That if on any occasion there shall not be sufficient Pledged Revenues to make the required deposits ^toiheintefes't and linking Fund and the Reserve Fund then such deficiency shall be made up as soon as possible from the nex^, avaUableVledged Revenues" or from any other sources available for such purpose. (b) That immediately following each required semi annual deposit from the Revenue Fund to the «* ^tr'Sls^es" and Sinking Fund and the Reserve Fund as required *yA?£* *"l lution or any resolution authorizing the issuance of Additional Bonds?all remaining surplus Pledged Revenues ^^dlor'any the credit of the Revenue Fund may be used by the Board tor any lawfSpurpose. It is specifically covenanted and agreed however, that none of the Pledged Revenues in the Revenue Fund will be re leased from the control of the Board, or otherwise amended or disposed of, until after each such required semi-annual ^posit from the Revenue Fund has been made to the c*f ^ °^m**f **St and Sinking Fund and the Reserve Fund, and all r^irf ^S_^r the semi-annual payment has been made to the credit of the Inter est and Redemption Fund and Debt Service Reserve Fund that secures the payment of the principal of and interest on the Bonds of 1968 and Bonds of 1970. The release of money on deposit in the Revenue Fund shall be made unless prohibited by the bond resolutions that authorized the Bonds of 1968 and 1970. Section 18. On or before the last day of June, 1974, and semi-annually on or before the last day of each December and of each June thereafter while any of the Bonds or Additional Bonds are outstanding and unpaid, the Board shall make available to the paying agents therefor, out of the Interest and Sinking Fund, and/ or the Reserve Fund, if necessary, money sufficient to pay such interest on and such principal of the Bonds and Additional Bonds as will accrue or mature on the July 1st or January 1st immediate ly following. The paying agents shall totally destroy all paid Bonds and Additional Bonds, and the coupons appertaining thereto, and shall furnish the Board with an appropriate certificate of destruction. Section 19. That at such times as the aggregate amount of money and investments in the Interest and Sinking Fund and the Reserve Fund are at least equal in market value to (1) the aggre gate principal amount of all unpaid (unmatured and matured) out standing Bonds and Additional Bonds, plus (2) the aggregate amount of all unpaid (unmatured and matured) outstanding interest coupons appertaining to such Bonds and Additional Bonds, no fur ther deposits need be made into the Interest and Sinking Fund or Reserve Fund. In determining the amount of such Bonds and Addi tional Bonds, and interest coupons appertaining thereto, outstand ing at any time, there shall be subtracted and excluded the amount 22-27 28 of any such Bonds and Additional Bonds, and interest coupons ap pertaining thereto, which shall have been duly called for redemp tion and for which funds shall have been deposited with the paying agents therefor sufficient, including any required redemption premium, for such redemption. Section 20. That the Board shall have the right and power at any time and from time to time, and in one or more Series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in any amounts, for any lawful purpose, and to refund any Bonds, Additional Bonds, or any existing indebtedness of the University. Such Additional Bonds, if and when authorized, issued, and delivered in accordance with this Resolution, shall be secured and payable squally and ratably on a parity with the Bonds, and all other outstanding Additional Bonds, by an irrevocable lien on and pledge of the Pledged Revenues. Section 21. (a) The Interest and Sinking Fund and the Reserve Fund established by this Resolution shall secure and be used to pay all Additional Bonds as well as the Bonds. However, each resolution under which Additional Bonds are issued shall pro vide and require that, in addition to the amounts required by the provisions of this Resolution and the provisions of any other resolution or resolutions authorizing Additional Bonds to be de posited to the credit of the Interest and Sinking Fund, the Board shall transfer from the Pledged Revenues and deposit to the cred it of the Interest and Sinking Fund at least such amounts as are required for the payment of all principal of and interest on said Additional Bonds then being issued, as the same comes due, and that the Board shall transfer from said Pledged Revenues and de posit to the credit of the Reserve Fund at least such amounts, m approximately equal semi-annual installments, as will, together with any other amounts already required to be deposited in the Reserve Fund in connection with the Bonds and any other outstand ing Additional Bonds, be sufficient to cause the Reserve Fund to accumulate and contain within a period of not to exceed sixty months after the date of said Additional Bonds then being issued, a total amount of money and investments at least equal m market value to the average annual principal and interest requirements of all Bonds and Additional Bonds to be outstanding after the issuance of the then proposed Additional Bonds. (b) The principal of all Additional Bonds must be scheduled to be paid or mature on July 1 of the years in which such principal is scheduled to be paid or mature; and all inter est thereon must be payable on January 1 and July 1. Section 22. Additional Bonds shall be issued only in accordance with this Resolution, but notwithstanding any provi sions of this Resolution to the contrary, no installment. Series, or issue of Additional Bonds shall be issued or delivered unless: 22-28 (a) The senior financial officer of the University signs a written certificate to the effect that the Board is not in default as to any covenant, condition, or obligation in con nection with all outstanding Bonds and Additional Bonds, and the resolutions authorizing same, and that the Interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) The State Auditor of the State of Texas, or a certified public accountant, signs a written certificate to the effect that during either the next preceding fiscal year, or any twelve consecutive calendar month period ending not more than ninety days prior to the adoption of the resolution authorizing the issuance of the then proposed Additional Bonds, the Pledged Revenues were at least equal to 1.25 times the average annual principal and interest requirements of all Outstanding Bonds, and Additional Bonds. (c) The senior financial officer of the University signs a written certificate to the effect that during each Univer sity fiscal year, while any Bonds or Additional Bonds are schedul ed to be outstanding, beginning with the fiscal year next follow ing the date of the proposed Additional Bonds, the Pledged Revenues estimated to be received during each of said fiscal years, respectively, will be at least 1.25 times the principal and interest requirements on all then Outstanding Bonds and Addi tional Bonds, and the then proposed Additional Bonds, during each of said fiscal years, respectively. Section 23. The Board further covenants and agrees that: (a) It will fix, impose, charge, and collect all Pledged Revenues; and will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Resolution and each resolution authorizing the issuance of Additional Bonds, and in each and every Bond and Additional Bond; that it will promptly pay or cause to be paid from the Pledged Revenues the principal of and interest on every Bond and Additional Bond, on the dates and in the places and manner prescribed in such resolutions and Bonds or Additional Bonds; and that it will, at the times and in the manner pre scribed, deposit or cause to be deposited from the Pledged Revenues the amounts required, or from monies available from other lawful sources, to be deposited into the Interest and Sinking Fund and the Reserve Fund; and any holder of the Bonds or Additional Bonds may require the Board, its officials or employees, and any appropriate official of the State of Texas, to carry out, respect, or enforce the covenants and obligations of this Resolution or any resolution authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of man damus proceedings, in any court of competent jurisdiction, against the Board, its officials and employees, or any appro priate official of the State of Texas. 30 (b) It is duly authorized under the laws of the State of Texas to create and issue the Bonds; that all action on its part for the creation and issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the holders and owners thereof are and will be valid and enforceable specxal obligations of the Board in accordance with their terms. (c) It lawfully owns and is lawfully possessed of the lands, buildings, and facilities constituting the University, in cluding the Liberal Arts Building, and its campus and has a good and indefeasible estate in such lands, buildings, and facilities in fee simple, that it warrants that it has, and will defend, the title to all the aforesaid lands, buildings, and facilities, and every part thereof, for the benefit of the holders and owners of the Bonds and Additional Bonds against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Bonds and Addi tional Bonds in the manner prescribed herein, and has lawfully exercised such rights. (d) It will from time to time and before the same be come delinquent pay and discharge all taxes, assessments, and governmental charges, if any, which shall be lawfully imposed^ upon it, or the campuses, buildings, and facilities of the Uni versity, including the Liberal Arts Building, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become alien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted here-under shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic s, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; pro vided, however, that no such tax, assessment, or charge, and that no such claims which might be used as the basis of a mechanic s, laborer's, materialman's or other lien or charge, shall be re quired to be paid so long as the validity of the same shall be contested in good faith by the Board. (e) That it will continuously and efficiently operate and maintain in good condition, and at a reasonable cost, the University and the facilities and services thereof, including the Liberal Arts Building, so long as any Bonds or Additional Bonds are outstanding. (f) That while the Bonds or any Additional Bonds are outstanding and unpaid, the Board shall not additionally encum ber the Liberal Arts Building or the Pledged Revenues in any man ner except as permitted in this Resolution in connection with Additional Bonds, unless said encumbrance is made junior and sub ordinate in all respects to the liens, pledges, covenants, and agreements of this Resolution. 22--W 31 (g) Proper books of record and account will be kept in which full, true, and correct entries will be made of all dealings, activities, and transactions relating to the Pledged Revenues, and all books, documents, and vouchers relating there to shall at all reasonable times be made available for xnspection upon request of any bond holder. (h) That each year while any of the Bonds or Addition al Bonds are outstanding, an audit will be made of its books and accounts relating to the Pledged Revenues by the State Auditor of the State of Texas, or any certified public accountant, such audit to be based on the fiscal year of the University. As soon as practicable after the close of each such fiscal year, and when said audit has been completed and made available to the Board, a copy of such audit for the preceding fiscal year shall be mailed to all bondholders who shall so request in writing. (i) That as long as the Bonds or Additional Bonds are outstanding, no bonds of superior or prior lien to the lien here of, as defined in the Pledged Revenues, shall be issued and no hoAds shall be authorized pursuant to the provisions for Addi-tiSnll Bonds as permitted by Section 17 of the Bond Resolution that authorized the Bonds of 1968 and as permitted by Section 17 of the Bond Resolution that authorized the Bonds of 1970. (j) That at all times after the Bonds of 1968 and Bonds of 1970 are retired or any bonds issued to refund same are retired, and the insurance covenants of those Bond Resolutions have lapsed, the Board shall procure boiler explosion insurance on all boilers servicing the Liberal Arts Building in an amount not less than $50,000 against loss suffered by reason of a boiler explosion. Further, at all times hereafter the Board shall procure fire and extended coverage insurance on the Liberal Arts Building. The foregoing boiler explosion and fire and extended coverage insur ance shall be maintained so long as Bonds or Additional Bonds are outstanding and such fire and extended coverage insurance shall be in amounts at least sufficient to provide for full recovery to the extent that the damage does not exceed 80% of full insurable value. Such insurance shall be carried with a reliable insurance company or companies. In lieu of providing fire and extended coverage insurance as required above, the Board may, at its option, provide the equivalent of such insurance under any general College-wide Fire and Extended Coverage Insurance policy, sitbject to a deductible provision which is reasonable in amount, provided the Board establishes and maintains a special account containing funds which are at least sufficient to offset said deductible amount and which are immediately available for such purpose. Upon the happening of any loss or damage covered by such insurance from one or more of said causes, the Board shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the Board. 22-31 The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the Board for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds shall be used promptly as follows: (1) for the redemption prior to maturity of the Bonds and any Additional Bonds, ratably in the proportion that the outstanding principal of each Series or issue of Bonds or Additional Bonds bears to the total outstanding principal of all Bonds and Additional Bonds; provided that if on any such occasion the principal of any such Series or issue is not subject to redemption, it shall not be regarded as outstand ing in making the foregoing computation; or (2) if none of the outstanding Bonds or Additional Bonds is subject to redemption, then for the purchase on the open market and retirement of said Bonds and Additional Bonds, in the same proportion as prescribed in the fore going clause (1), to the extent practicable; provided that the purchase price for any such Bond or Additional Bond shall not exceed the redemption price of such Bond or Addi tional Bond on the first date upon which it becomses subject to redemption; or (3) to the extent that the foregoing clauses (1) and (2) cannot be complied with at the time, the insurance pro ceeds, or the remainder thereof, shall be deposited in a special and separate trust fund, at an official depository of the Board, to be designated the Insurance Account. The Insurance Account shall be held until such time as the fore going clauses (1) and/or (2) can be complied with, or until other funds become available which, together with the Insur ance Account, will be sufficient to make the repairs or re placements originally required, whichever of said events occurs first. (k) At all times when the Reserve Fund does not con tain the maximum aggregate amount required to be on deposit there in, the Board shall procure and maintain use and occupancy insur ance on all the facilities, buildings, and structures of the Liberal Arts Building, to the extent obtainable, in an amount sufficient to enable the Board to deposit into the Interest and Sinking Fund and the Reserve Fund, out of the proceeds of such insurance, an amount equal to the sums that are required to be deposited into said Funds from the Pledged Revenues during the time the Liberal Arts Building is wholly or partially unusable, as a result of loss of use or occupancy caused by the perils covered by f5.re and extended coverage insurance. 22-32 33 (1) That the cost of such insurance may be paid from sur plus monies in the Revenue Fund, or any other monies available from lawful sources, after the deposits required by this Resolu tion have been made. (m) That the Board covenants to and with the purchasers of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be artbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amend ed, or any regulations or rulings pertaining thereto; and by this covenant the Board is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds The Board further covenants that the proceeds of the bonds will not otherwise be used directly or indirectly so as to cause all or any part of the bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 24. That the Chairman of the Board is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorn ey General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon reg istration of the bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of the Bonds, and the seal of said Comp troller shall be impressed, or placed in facsimile, on each of the Bonds, Section 25. That it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is adopted, such emergency or urgent public necessity being that the proceeds from the sale of said Bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. Section 26. .That said Bonds are^hereby sold and shall be delivered to /Ac uns^sctf-n '?/a.f/(.~uaC- f~Y, for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ — ^-' 21-J13- — 74-31 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the bond resolution for the issuance and sale of Board of Regents of Stephen F. Austin State University State Ad Valorem Tax Bonds Series 1974 in the amount of $695,000 for an effective interest rate of 4.15682% to the First National Bank of Dallas and the Fort Worth National Bank^of Fort Worth be approved and that the Chairman of the Board be authorized to sign the resolution and accompanying documents as prepared by Messrs. McCall, Parkhurst and Horton, as follows: 22-34 35 CERTIFICATE FOR A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY STATE AD VALOREM TAX BONDS SERIES 1974. $695,000 THE STATE OF TEXAS : COUNTY OF NACOGDOCHES : STEPHEN F. AUSTIN STATE UNIVERSITY : We, the undersigned officers of the Board of Regents of Stephen F. Austin State University, hereby certify as follows: 1. That the Board of Regents of said University con vened in SPECIAL MEETING ON THE ^lST DAY OF JANUARY, 1974, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of said Board of Regents, to-wit: R. E. McGee, Chairman Glenn Justice Joe Bob Golden, Vice Chairman Ernest Powers James I. Perkins ' Mrs. George Cullum, Jr. Robert C. Gray Walter C. Todd Mrs. Tom Wright Charles G. Haas, Secretary and all of said persons were present, except the following absentees: '^c*-^^-^^- .* *=pi- **-^ri- ^Sgt- the Board of Regents of Stephen F. Austin State University, promises to pay to bearer without exchange or collection charges to the owner or holder hereof, out of the allocated proceeds of the ad valorem tax described in the Bond to which this coupon is attached the sum of ($ ) Dollars in lawful money of the United States of America at the First Bank & Trust, Lufkin, Texas, or, at the option of the holder at Marine Midland Bank, New York, New York, being the interest then due on its Board of Regents of Stephen F. Austin State University State Ad Valorem Tax Bond, State Ad Valorem Tax Bond, Series 1974, dated March 1, 1974. NO. Secretary Chairman 10. Comptroller's Certificate. That the form of Comptroller's Certificate which shall be printed on the back of each of the Bonds shall be substantially as follows: OFFICE OF COMPTROLLER : REGISTER N0._ STATE OF TEXAS : I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been examined by him 22-48 49 as required by Section 17 of Article VII of the Constitution, as amended, and that he finds that it has been issued in con formity with the Constitution and laws of the State of Texas and that it is a valid and binding obligation payable from the proceeds of the State ad valorem tax pledged to its payment by and in the Resolution of said Board of Regents of Stephen F. Austin State University, an educational institution belonging to the State of Texas duly constituted under authority of law authorizing same and said Bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas. Comptroller of Public Accounts of the State of Texas. (SEAL) 11. Definitions. That throughout this Resolution, in the bond form prescribed herein and in the Bonds authorized hereby, the following terms and expressions as used herein shall have the meanings set forth, to-wit: The term nAdditional Bonds11 shall refer to the addi-tional parity bonds that are permitted to be issued by Section 12; The term "Board" shall refer to the Board of Regents of Stephen F. Austin State University; The term "Bonds" shall refer to the bonds authorized to be issued under the provisions of this resolution; 22-49 50 The term "Comptroller" shall refer to the Comptroller of Public Accounts of the State of Texas; The term "Constitutional Provision" shall mean Article VII, Section 17 of the Constitution of Texas as amended November 2, 1965; The term "Eligible Institutions" shall mean the seventeen state supported institutions of higher learning designated as those institutions to receive allocated proceeds from the tax levied by the Constitutional Provision; The term "Interest and Sinking Fund" shall mean the fund established for the University in the State Treasury and further described in Section 13 hereof; The term "Presiding Officer" shall mean the officer designated by law to preside over the Board; The term "Resolution" shall mean this resolution authorizing the Bonds; The term "Series 1972 Bonds" shall refer to Univer sities of the State of Texas State Ad Valorem Tax Bonds, Series 1972 - Stephen F. Austin State University, dated May 1, 1972; The term "Series 1972-A Bonds" shall refer to Univer sities of the State of Texas State Ad Valorem Tax Bonds, Series 1972-A - Stephen F. Austin State University, dated July 1, 1972; The term "University" shall refer to Stephen F. Austin State University. 12. Findings, Pledge of Payment, Additional Bonds. That official recognition is hereby given to these facts: 22-50 51 (a) That Section 17 of Article VII of the Constitution, as amended in 1965 (the "Constitutional Provision") has levied a continuing ad valorem tax on all taxable property in the State of Texas, at the rate of Ten (10c) Cents on the One Hundred Dollars ($100.00) of valuation; (b) That such tax has been effective since January 1, 1966 and will remain effective so long as any of the Bonds is outstanding and unpaid; (c) That as and when the proceeds from such tax levy are received by the Comptroller the net amounts realized there from (including the portion thereof allocated to the University) are deposited in the State Treasury to be held for the purposes set forth in the Constitutional Provision; (d) That the Comptroller on. June 1, 1966 allocated among the Eligible Institutions 85% of the said tax to be re ceived for the twelve year period beginning January 1, 1966, and on June 1, 1972 allocated among the Eligible Institutions the remaining 15% of the said tax for the said twelve year period, all in accordance with the Constitutional Provision; (e) That it is the duty of the Comptroller to draw all necessary and proper warrants upon the State Treasury to effectuate the pledge of such money made in this Resolution and to facilitate payment of the Bonds, the Additional Bonds and the interest thereon; and 22-51 52 (f) That while such tax will remain effective so long as any of the Bonds or the Additional Bonds is outstand ing and unpaid, the Board must arrange the installment maturities of the Bonds and the Additional Bonds and make its pledge of the taxes allocated to the Institution so that the Bonds and Additional Bonds will be actually retired out of taxes collected from assessments made during the twelve year period beginning January 1, 1966. Accordingly, the Board irrevocably pledges to the payment of the principal of and interest on the Series 1972 Bonds, the Series 1972-A Bonds, and the Bonds the following: (1) All of the money now in the State Treasury to the credit of the University, realized from the collection of the continuing tax levied by the Constitutional Provision; (2) All of the proceeds from such continuing tax to which it is entitled levied for each of the years 1966 to 1977, both inclusive, and allocated June 1, 1966, and June 1, 1972, by the Comptroller, which tax according to law becomes due on October 1 of each of said years; (3) In the event that any of the Bonds or any interest thereon remains outstanding and unpaid on the date the last of the Bonds is scheduled to mature, and in the event the Interest and Sinking Fund shall then contain insufficient money to pay all of such principal 22-52 53 and interest and the expense incidental to the making of such payments, to the extent of such deficiency, the proceeds from such continuing tax to which the University may be entitled under the allocations made by the Comptroller on June 1, 1966 and June 1, 1972 or addi tional allocations or reallocation arrangements then in effect are pledged and such pledge shall remain effective until the Bonds shall have been paid in full with interest thereon; but when full provision shall have been made for the final payment of the Bonds by depositing money suffi cient for the purpose in the Interest and Sinking Fund, the obligation under this sub-section (2) will have been fully satisfied and the pledge will have been released; and (4) The money pledged to the payment of the Bonds shall be used solely to pay the principal of and interest on the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds and to defray the expense incident to such payments so long as any of such bonds or interest thereon is outstanding and unpaid. After full provision shall have been made by accumu lating in the Interest and Sinking Fund sufficient money to pay all of such Bonds and interest calculated thereon to maturity, the Board reserves the right to use money in excess thereof for such purposes as may be permitted under the Constitutional Provision. 22-53 54 Provided, however, the Board reserves and shall have the right and power to issue pursuant to the Constitutional Provision additional parity bonds in one or more series (herein defined as "Additional Bonds"), which Additional Bonds, when issued, shall be secured by and payable from the Ten (10) Cent tax levied by the Constitutional Provision for the twelve year period begin ning' January 1, 1966, and allocated to the University, in the same manner and to the same extent as the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds, and the Additional Bonds per mitted by this Section 12, when issued, shall be in all respects of equal dignity and on a parity with the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds whether payable in whole or in part from the allocations made by the Comptroller on June 1, 1966, and on June 1, 1972. Provided, further, that Additional Bonds will not be issued in an aggregate principal amount that will cause the total amount required for the payment of the principal of and interest on the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds and Additional Bonds in any year to be more than 85% of the amount of such taxes allocated to the University and offici ally estimated by the Comptroller of Public Accounts to be collec ted in such year for the credit of the Interest and Sinking Fund. 13. Interest and Sinking Fund. That (a) the Treasurer of the State of Texas has established in the State Treasury a fund known as Constitutional Tax Bonds Interest and Sinking Fund (herein defined and referred to as the "Interest and Sinking Fund") ; 22-54 55 (b) As received into the State Treasury the said allocated money of the University shall be credited to the Interest and Sinking Fund in the manner and to be held in accordance with the pledge contained in Section 12 hereof. 14. Procedure for Remitting to Banks of Payment. That (a) In accordance with the requirements of the Constitutional Provision that "The State Comptroller of Public Accounts shall draw all necessary and proper warrants upon the State Treasury, in order to carry out the purpose of this amendment" to the end that money will be available at the Banks of Payment in ample time to pay the principal of and interest on the Bonds, as such principal and interest, respec tively, matures and comes due, the Comptroller of Public Accounts of the State of Texas, on or before August 15, 1974, and on or before February 15 and August 15 of each year while any of the Bonds is outstanding and unpaid, shall draw a warrant against the Interest and Sinking Fund in the amount of the interest or interest and principal (when both are scheduled * to mature) which will become due on the September 1 or March 1 next following. The amount of each such warrant shall be increased by the amount of the charges of the Banks of Payment for making payment of the Bonds or coupons or both Bonds and coupons scheduled to mature in each such instance. Within the discretion of the Comptroller of Public Accounts he may draw a separate warrant for the payment of such charges; 22-55 56 (b) Each such warrant shall be made payable to the order of the Principal Bank of Payment specified in Section 5 above, and the Comptroller of Public Accounts shall deliver such warrant to the payee Bank; (c) The Principal Bank of Payment shall, out of moneys remitted to it under the provisions of this Section 14, and not otherwise, make available at the other Bank of Payment specified in Section 5 hereof, funds sufficient to pay such of the Bonds, and such of the coupons as are presented for payment at such bank and the Principal Bank of Payment. The Principal Bank of Payment agrees and is obligated to perform such service. 15. Enforcement of Rights of Bondholders. That all rights available to the holders of the Bonds under the Constitu tion and laws of the State, by suit for mandamus or otherwise, to compel the performance of their official duties by the Board, its officers, the officers of counties, or the officers of the State to the end that the principal of and interest on the Bonds may be timely paid, are hereby recognized and reserved to and for the holders of the Bonds and of the appurtenant coupons. 16. Arbitrage Provisions. That the Board covenants to and with the purchasers of the Bonds that it will make no use of the proceeds of the Bonds at any time throughout the term of 22-56 57 this issue of Bonds which, if such use had been reasonably-expected on the date of delivery of the Bonds to and payment for the Bonds by the purchasers, would have caused the Bonds to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the Board is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The Board further covenants that the proceeds of the Bonds will not otherwise be used directly or indirectly so as to cause all or any part of the Bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. 17. Confirmation and Sale of Bonds« That the sale of the Bonds at public sale to First National Bank in Dallas and Fort Worth National Bank, at a price of par and accrued interest to date of delivery, plus a premium of $50.75 be and the same is hereby made and confirmed. 18. Custody and Delivery of Bonds, That the Presiding Officer or his designee is hereby authorized to have control of the Bonds and all necessary records and proceedings 22-57 58 pertaining ta the Bonds pending their delivery and the investiga tion, examination and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of the Bonds, and the seal of said Comp troller shall be impressed, or placed in facsimile, on each of the Bonds. 22-58 59 74-32 Upon motion of Regent Powers, seconded by Regent Wright, with all Regents voting aye, it was ordered that the University be authorized (1) to use the proceeds of the Ad Valorem Tax Bonds Series 1974 in the amount of $695,000 to make partial payment for the construction cost of the School of Business and the School of Education Buildings, and (2) to use an equal amount of General Fee Bonds Series 1973 proceeds (previously designated for those buildings) for other pro-jects as may be designated by the Board. 74-33 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the contract with Kent, Marsellos § Scott for the design and supervision of the conversion of Doraiitory 19 to apartments be approved and that the Chairman of the Board be authorized to sign the contract, as follows: 22-59 60 CONTRACT FOR ARCHITECTURAL SERVICES CITY OF NACOGDOCHES THE STATE OF TEXAS COUNTY OF NACOGDOCHES THIS AGREEMENT made as of the Thirty First day of January in the year Nineteen Hundred and Seventy Four and between the BOARD OF REGENTS STEPHEN F . AUSTIN STATE UNIVERSITY, NACOGDOCHES , TEXAS acting herein by and through its President, hereinafter called the Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS, Lufkin, Texas, hereinafter called the Architect. WITNESSETH, whereas the Owner intends to erect on the campus of Stephen F. Austin State University, Nacogdoches, Texas, DORMITORY 19 CONVERSION, hereinafter called the Project. NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter set forth agree as follows: I. The Architect shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. The Owner shall compensate the Architect in accordance with the Terms and Conditions of this Agreement as follows: a) For the Architect's Basic Services, as described in Par agraph 1.1; Ten and One Quarter Per Cent (10.25%) of the project construction cost; hereinafter referred to as the Basic Rate, and such other payments and reimbursements 22-60 61 as may hereinafter be provided, but all such payments and every payment herein provided shall be from Proceeds of General Fee Bonds and other funds available to the Owner for expendi ture for the use of Stephen F . Austin State University. b) For the Architects Additional Services as described in Paragraph 1.3 Compensation for Principals, employees, and con sultants time as agreed upon between the Owner and the Architect ♦ c) For the Architect's Reimbursable Expenses, amounts expended as defined in Article 5. III. The Architect and the Owner further agree to the following Terms and Conditions: ARTICLE 1 ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal structural, mechanical and electrical engineer ing services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the Owner to ascertain the requirements of the Project and shall confirm such requirements to the Owner. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of draw ings and other documents illustrating the scale and relationship of -2- 22-61 62 Project components for approval by the Owner. 1.1.3 The Architect shall submit to the Owner a Statement of Probable Con struction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Docu ments consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechani cal and electrical systems, materials and such other essentials as may be appropriate. 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire project including the necessary bidding information, and shall assist in the preparation of bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. -3- 22-62 1.1.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Docu ments and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 inclusive of the latest edition of AIA Document A201, General Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 1.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing . -4- 22-63 65 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.1.14 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representa tion by the Architect to the Owner, based on the Architects observations at the site as provided in Subparagraph 1.1.14 and on the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information -5- 22-65 66 and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specified qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the pro- -6-^2-66 visions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 1.1.18 The Architect shall review and approve shop drawings, samples and other submissions of the Contractor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Sub contractors' agents or employees, or any other persons performing any of the Work. 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1 If more extensive representation at the site than is described under Sub-paragraphs 1.1.10 through 1.1.21 inclusive is required, and if the Owner and Architect agree, the Architect shall provide one or more Full-Time Project Representative to assist the Architect. 1.2.2 Such Full-Time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement. "1" 22-67 68 1.2.3 The duties, responsibilities and limitations of authority of such Full-Time Project Representatives shall be set forth in an exhibit appended to this Agreement. 1.2.4 Through the on-site observations by Full-Time Project Representatives of the Work in progress, the Architect shall endeavor to provide further protections for the Owner against defects in the Work, but the furnishing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, or for the Contractor's failure to perform the Work in accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES If any of the following Additional Services are authorized by the Owner, they shall be paid for by the Owner as hereinbefore provided. 1.3.1 Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project. 1.3.2 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. 1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. 1.3.4 Making major revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 22-68 69 1.3.5 Making investigations involving detailed appraisals and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 1.3.6 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such Work. 1.3.7 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 1.3.8 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.9 Providing services of professional consultants for other than the normal structural, mechanical and electrical engineering services for the Project. 1.3.10 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding his requirements for the Project. 2.2 The Owner shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. The Owner or his repre- -9- 22-69 70 sentative shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreason able delay in the progress of the Architect's work. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroach ments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning avail able service and utility lines both public and private, above and below grade, including inverts and depths. 2.4 The Owner shall furnish the services of a soils engineer or other con sultant when such services are deemed necessary by the Architect, in cluding reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.6 The Owner shall furnish such legal, accounting, and insurance counsel ling services as may be necessary for the Project, and such auditing -10- 22-70 71 services as he may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports required by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and com pleteness thereof. 2.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, he shall give prompt written notice thereof to the Architect. 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost to be used as the basis for determining the Architect's Basic Compensation shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work; 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such Work, or (2) if the Work is not bid, the bona fide negotiated proposal submitted for any or all of such Work; or -11- 22-71 72 3.1.3 For Work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the compensation of the Architect and consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6 inclusive . 3.3 Labor furnished by the Owner for the Project shall be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by the Owner shall be included at current market prices, except that used materials and equipment shall be included as if purchased new for the Project. 3.4 Statements of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractor's methods of determining bid prices, or over competitive bidding or market condi tions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. -12- 22-72 3 .5 When a fixed limit of Construction Cost is established as a condition of this Agreement, it shall include a bidding contingency of ten percent unless another amount is agreed upon in writing . When such a fixed limit is established, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The Architect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. 3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost Estimate or the Statement of Probable Construction Cost Exceeds such fixed limit of Construction Cost (including the bidding contingency) established as a condition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed limit, (2) cooperate in re vising the Project scope and quality as required to reduce the Probable Construction Cost. In the case of (2) the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of - such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to compen sation in accordance with this Agreement. -13- 22-73 74 ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specifications and other documents pertaining to the Project, and in services during construction at the site, 4.2 Direct Personnel Expense includes cost of salaries and of mandatory and customary benefits such as statutory employee .benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 5.1.1 Fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproduction of Drawings and Specifications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the Architect's Basic Services shall be made -14- 22-74 77 5 as follows; 6.1.1 Payments for Basic Services shall be made in proportion to services per formed so that the compensation at the completion of each Phase shall equal the following percentages of the total Basic Compensation: Design Development Phase— ----25% Construction Documents Phase —75% Construction Phase -100% 6.2 Payments for Additional Services of the Architect as defined in Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services rendered. 6.3 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 6.4 If the Project is abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension of abandonment, together with Reim bursable Expenses then due and all terminal expenses resulting from such suspension or abandonment. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of the Architect's Direct Personnel, Consultant and Reimbur sable Expenses pertaining to the Project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized -15- 22-75 76 accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days1 written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Ar